MESSAGE  from  the  PRESIDENT 
OF  THE  UNITED  STATES, 
communicating  a  Copy  of  the 
Treaty  with  the  Mexican  Re 
public,  etc. 

Washington,  1848. 


University  of  California  •  Berkeley 

From  the 

FRANCIS  P.  FARQUHAR 
EXPLORATION  LIBRARY 

Gift  of 

THE  MARJORY  BRIDGE  FARQUHAR 
1972  TRUST 


30th  CONGRESS,  [SENATE.]  EXECUTIVE, 

1st  Session.  No.  60. 


MESSAGE 

FROM    Tlfe 

PRESIDENT  OF  THE  UNITED  STATES, 

COMMUNICATING 

copy  of  the  treaty  with  the  Mexican  republic,  of  February  2, 
1848,  and  of  the  correspondence  in  relation  thereto,  and  recom 
mending  measures  for  carrying  the  same  into  effect. 


JULY   6,  1848. 

Read,  and  ordered  to  be  printed,  and  that  5.000  additional  copies  be  printed  for  the  ifse  of 
the  Senate;  and  that  so  much  of  the  naesc?age  as  appropriately  belongs  to -the  Committees 
oh  Foreign  Relations,  Finance,  Military  Affairs,  Naval  Affairs,  Public  Lands,  Judiciary, 
and  Territories,  be  referred  thereto. 


To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  lay  before  Congress  copies  of  a  treaty  of  peace,  friendship, 
limits,  and  settlement,  between  the  United  States  and  the  Mexican 
republic,  the  ratifications  of  which  were  duly  exchanged  at  the  city 
of  Queretaro,  in  Mexico,  on  the  30th  day  of  May,  1848. 

The  war  in  which  our  country  was  reluctantly  involved,  in  the 
necessary  vindication  of  the  national  rights  and  honor,  has  been 
/thus  terminated,  and  I  congratulate  Congress,  and  our  common 
constituents,  upon  the  restoration  of  an  honorable  peace. 

The  extensive  and  valuable  territories  ceded  by  Mexico  to  the 
United  States  constitute  indemnity  for  the  past,  and  the  brilliant 
achievements  and  signal  successes  of  our  arms  will  be  a  guaranty 
of  security  for  the  future,  by  convincing  all  nations  that  our  rights 
must  be  respected.  The  results  of  the  war  with  Mexico  have  given 
to  the  United  States  a  national  character  abroad  which  our  country 
never  before  enjoyed.  Our  power  and  our  resources  have  become 
known,  and  are  respected  throughout  the  world,  and  we  shall  pro 
bably  be  saved  from  the  necessity  of  engaging  in  another  foreign 
•war  for  a  long  series  of  years.  v  It  is  a  subject  of  congratulation 
that  we  have  passed  through  a  war  of  more  than  two  year's  dura 
tion,  with  the  business  of  the  country  uninterrupted,  with  our  re 
sources  unexhausted,  and  the  public  credit  unimpaired. 

I  communicate  for  the  information  of  Congress  the  accompany 
ing  documents  and  correspondence  relating  to  the  negotiation  and 
ratification  of  the  treaty. 


[  60  ]  2 

Before  the  treaty  can  be  fully  executed  on  the  part  of  the  United 
States,  legislation  will  be  required. 

It  will  be  proper  to  make  the  necessary  appropriations  for  the 
payment  of  the  twelve  millions  of  dollars,  stipulated  by  the  twelfth 
article,  to  be  paid  to  Mexico  in  four  equal  annual  instalments.  Three 
millions  of  dollars  were  appropriated  by  the  act  of  March  3,  1847, 
and  that  sum  was  paid  to  the  Mexican  government  after  the  ex 
change  of  the  ratifications  of  the  treaty. 

The  fifth  article  of  the  treaty  provides  that,  "  in  order  to  desig 
nate  the  boundary  line  with  due  precision  upon  authoritative  maps, 
and  to  establish,  upon  the  ground,  land  marks  which  shall  show 
the  limits  of  both  republics,  as  described  in  the  present  article,  the 
two  governments  shall  each  appoint  a  commissioner  and  a  surveyor, 
who,  before  the  expiration  of  one  year  from  the  date  of  the  ex 
change  of  ratifications  of  /this  treaty,  shall  meet  at  the  port  of  San 
Diego,  and  proceed  to  run  and  mark  the  said  boundary  in  its  whole 
course  to  the  mouth  of  the  Rio  Bravo  del  Norte." 

It  will  be  necessary  that  provision  should  be  made  by  law  for 
the  appointment  of  a  commissioner  and  surveyor,  on  the  part  of  the 
United  States,  to  act  in  conjunction  with  a  commissioner  and  sur 
veyor  appointed  by  Mexico,  in  executing  the  stipulations  of  this 
article. 

It  will  be  proper,  also,  to  provide  by  law  for  the  appointment  of 
a  aboard  of  commissioners"  to  adjudicate  and  decide  upon  all 
claims  of  our  citizens  against  the  Mexican  government,  which  by 
the  treaty  have  been  assumed  by  the  United  States. 

New  Mexico  and  Upper  California  have  been  ceded  by  Mexico 
to  the  United  States,  and  now  constitute  a  part  of  our  country.  Em 
bracing  nearly  ten  degrees  of  latitude,  lying  adjacent  to  the  Oregon 
territory,  and  extending  from  the  Pacific  ocean  to  the  Rio  Grande, 
a  mean  distance  of  nearly  a  thousand  miles,  it  would  be  difficult  to 
estimate  the  value  of  these  possessions  to  the  United  States.  They 
constitute  of  themselves  a  country  large  enough  for  a  great  empire, 
and  their  acquisition  is  second  only  in  importance  to  that  of  Lou 
isiana  in  1803.  Rich  in  mineral  and  agricultural  resources,  with 
a  climate  of  great  salubrity,  they  embrace  the  most  important  ports 
on  the  whole  Pacific  coast  of  the  continent  of  North  America. 
The  possession  of  the  ports  of  San  Diego  and  Monterey  and  the 
bay  of  San  Francisco,  will  enable  the  United  States  to  command 
the  already  valuable  and  rapidly  increasing  commerce  of  the  Pacific. 
The  number  of  our  whale  ships  alone  now  employed  in  that  sea 
exceeds  seven  hundred,  requiring  more  than  twenty  thousand  sea 
men  to  navigate  them,  while  the  capital  invested  in  this  particular 
branch  of  commerce  is  estimated  at  not  less  than  forty  millions  of 
dollars.  The  excellent  harbors  of  Upper  California  will,  under 
our  flag,  afford  security  and  repose  to  our  commercial  marine,  and 
American  mechanics  will  soon  furnish  ready  means  of  ship-building 
and  repair}  which  are  now  so  much  wanted  in  that  distant  sea. 

By  the  acquisition  of  these  possessions,  we  are  brought  into  im 
mediate  proximity  with  the  west  coast  of  America,  from  Cape 
Horn  to  the  Russian  possessions  north  of  Oregon,  with  the  islands  of 


[60] 


the  Pacific  ocean,  and  by  a  direct  voyage  in  steamers  we   will  be 
in  less  than  thirty  days  of  Canton  and  other  ports  of  China. 

In  this  vast  region,  whose  rich  resources  are  soon  to  be  devel 
oped  by  American  energy  and  enterprise,  great  must  be  the  aug 
mentation  of  our  commerce,  and  with  it  new  and  profitable  de 
mands  for  mechanic  labor  in  all  its  branches,  and  new  and  valuable 
markets  for  our  manufactures  and  agricultural  products. 

While  the  war  has  been  conducted  with  great  humanity  and  for 
bearance,  and  with  complete  success  on  our  part,  the  peace  has  been 
concluded  on  terms  the  most  liberal  and  magnanimous  to  Mexico. 
Jn  her  hands  the  territories  now  ceded  had  remained,  and  it  is  be 
lieved  would  have  continued  to  remain  almost  unoccupied  and  of 
little  value  to  her  or  to  any  other  nation,  whilst,  as  a  part  of  our 
Union,  they  will  be  productive  of  vast  benefits  to  the  United 
States,  to  the  commercial  world,  and  the  general,  interests  of  man 
kind. 

The  immediate  establishment  of  territorial  governments,  and  the 
extension  of  our  laws  over  these  valuable  possessions,  are  deemed 
to  be  not  only  important,  but  indispensable  to  preserve  order,  and 
the  due  administration  of  justice  within  their  limits;  to  afford  pro 
tection  to  the  inhabitants,  and  to  facilitate  the  development  of  the 
vast  resources  and  wealth  which  their  acquisition  has  added  to  our 
country. 

The  war  with  Mexico  having  terminated,  the  power  of  the  Exe 
cutive  to  establish,  or  to  continue  temporary  civil  governments 
over  these  territories,  which  existed  under  the  laws  of  natiors, 
whilst  they  were  regarded  as  conquered  provinces,  in  our  military 
occupation,  has  ce\sed.  By  their  cession  to  the  United  States, 
Mexico  has  no  longer  any  power  over  them,  and,  until  Congress 
shall  act,  the  inhabitants  will  be  without  any  organized  govern 
ment.  Should  they  be  left  in  this  condition,  confusion  and  anarchy 
will  be  likely  to  prevail. 

Foreign  commerce,  to  a  considerable  amount,  is  now  carried  on 
in  the  ports  of  Upper  California,  which  will  require  to  be  regulated 
by  our  laws.  As  soon  as  our  system  shall  be  extended  over  this 
commerce,  a  revenue  of  considerable  amount  will  be  at  once  col 
lected,  and  it  is  not  doubted  that  it  w?ll  be  annually  increased. 
For  these,  and  other  obvious  reasons,  I  deem  it  to  be  my  duty, 
earnestly  to  recommend  the  action  of  Congress  on  the  subject  at 
the  present  session. 

In  organizing  governments  over  these  territories,  fraught  with 
such  vast  advantages  to  every  portion  of  our  Union,  I  invoke  that 
spirit ^.of  concession,  conciliation,  and  compromise  in  your  delib 
erations,  in  which  the  constitution  was  framed,  in  which  it  should 
be  administered,  and  which  is  so  indispensable  to  preserve 
and  perpetuate  the  harmony  and  union  of  the  States.  We  should 
never  forget  that  this  union  of  confederated  States  was  established 
and  cemented  by  kindred  blood,  and  by  the  common  toils,  suffer 
ings,  dangers,  and  triumphs  of  all  its  parts,  and  has  been  the 
ever  augmenting  source  of  our  national  greatness  and^of  all  our 
blessings. 


[60] 


There  has,  perhaps,  been  no  period,  since  the  warning  so  im 
pressively  given  to  his  countrymen  by  Washington,  to  guard 
against  geographical  divisions  and  sectional  parties,  which  appeals 
with  greater  force  than  the  present,  to  the  patriotic,  sober  minded, 
and  reflecting  of  all  parties,  and  of  all  sections  of  our  country. 
"Who  can  calculate  the  value  of  our  glorious  Union?  It  is  a  model 
and  example  of  free  government  to  all  the  world,  and  is  the  star 
of  hope  and  haven  of  rest  to  the  oppressed  of  every  clime.  By 
its  preservation  we  have  been  rapidly  advanced,  as  a  nation,  to  a 
height  of  strength,  power,  and  happiness,  without  a  parallel  in  the 
history  of  the  world.  As  we  extend  its  blessings  over  new  regions, 
shall  we  be  so  unwise  as  to  endanger  its  existence  by  geographical 
divisions  and  dissentionsl 

With  a  view  to  encourage  the  early  settlement  of  these  distant 
possessions,  I  recommend  that  liberal  grants  of  the  public  lands 
be  secured  to  all  our  citizens  who  have  settled,  or  may  in  a  lim 
ited  period  settle,  within  their  limits. 

In  execution  of  the  provisions  of  the  treaty,  orders  have  beer* 
issued  to  our  military  and  naval  forces  to  evacuate  without  delay 
the  Mexican  provinces,  cities,  towns,  and  fortified  places  in  our 
military  occupation,  and  which  are  not  embraced  in  the  territories 
ceded  to  the  United  States.  The  army  is  already  on  its  way  to  the 
United  States.  That  portion  of  it,  as  well  regulars  as  volunteers, 
who  engaged  to  serve  during  the  war  with  Mexico,  will  be  dis 
charged  as  soon  as  they  can  be  transported  or  marched  to  conve 
nient  points  in  the  vicinity  of  their  homes.  A  part  of  the  regu 
lar  army  will  be  employed  in  New  Mexico  and  Upper  California^ 
to  afford  protection  to  the  inhabitants  and  to  guard  our  interests  in 
these  territories. 

The  old  army,  as  it  existed  before  the  commencement  of  the  war 
with  Mexico,  especially  if  authority  be  given  to  fill  up  the  ranlr 
and  file  of  the  several  corps  to  the  maximum  number  authorized 
during  the  war,  it  is  believed  will  be  a  sufficient  force  to  be  re 
tained  in  service  during  a  period  of  peace.  A  few  additional  offi 
cers,  in  the  line  and  staff  of  the  army,  have  been  authorized,  and; 
these,  it  is  believed,  will  be  necessary  in  the  peace  establishment,, 
and  should  be  retained  in  the  service.  The  number  of  the  general 
officers  may  be  reduced,  as  vacancies  occur  by  the  casualties  of 
the  service,  to  what  it  was  before  the  war. 

While  the  people  of  other  countries,  who  live  under  forms  of 
government  less  free  than  our  own,  have  been  for  ages  oppressed 
by  taxation,  to  support  large  standing  armies  in  periods  of  peace? 
our  experience  has  shown  that  such  establishments  are  unnecessary 
in  a  republic.  Our  standing  army  is  to  be  found  in  the  bosom  of 
society.  It  is  composed  of  free  citizens,  who  are  ever  ready  to 
take  up  arms  in  the  service  of  their  country  when  an  emergency 
requires  it.  Our  experience  in  the  war  just  closed  fully  confirms 
the  opinion  that  such  an  army  may  be  raised  upon  a  few  week's 
notice,  and  that  our  citizen  soldiers  are  equal  to  any  troops  in 
the  world.  No  reason,  therefore,  is  perceived  why  we  should  en- 
Jarge  our  lancf  forces  and  thereby  subject  the  treasury  to  an  annual 


[60] 


increased  charge.  Sound  policy  requires  that  we  should  avoid 
the  creation  of  a  large  standing  army  in  a  period  of  peace.  No- 
public  exigency  requires  it.  Such  armies  are  not  only  expensive 
and  unnecessary,  but  may  become  dangerous  to  liberty. 

Besides  making  the  necessary  legislative  provisions  Tor  the  exe 
cution  of  the  treaty,  and  the  establishment  of  territorial  govern 
ments  in  the  ceded  country,  we  have,  upon  the  restoration  of  peace, 
other  important  duties  to  perform.  Among  these  I  regarcl  none  as 
more  important  than  the  adoption  of  proper  measures  for  the 
speedy  extinguishment  of  the  national  debt.  It  is  against  sound 
policy  and  the  genius  of  our  institutions,  that  a  public  debt  should  be 
permitted  to  exist  a  day  longer  than  the  means  of  the  treasury  will 
enable  the  government  to  pay  it  off.  We  should  adhere  to  the 
wise  policy  laid  down  by  President  Washington,  of  "avoiding  the 
accumulation  of  debt,  not  only  by  shunning  occasions  of  expense, 
but  by  vigorous  exertions  in  time  of  peace,  to  discharge  the  debts 
which  unavoidable  wars  have  occasioned,  not  ungenerously  throw 
ing  upon  posterity  the  burden  we  ourselves  ought  to.  bear." 

At  the  commencement  of  the  present  administration,  the  public 
debt  amounted  to  seventeen  millions  seven  hundred  and  eighty-eight 
thousand  seven  hundred  and  ninety-nine  dollars  and  sixty-two  cents. 
In  consequence  of  the  war  with  Mexico,  it  has  been  necessarily 
increased,  and  now  amounts  to  sixty-five  millions  seven  hundred 
and  seventy  eight  thousand  four  hundred  and  fifty  dollars  and  forty- 
one  cents,  including  the  stock  and  treasury  notes  which  may  yet 
be  issued  under  the  act  of  January  28,  1847,  and  the  sixteen  mil 
lion  loan  recently  negotiated,  under  the  act  of  March  31,  1848. 

In  addition  to  the  amount  of  the  debt,  the  treaty  stipulates  that 
twelve  millions  of  dollars  shall  be  paid  to  Mexico,  in  four  equal 
annual  instalments  of  three  millions  each,  the  first  of  which  will 
fall  due  on  the  30th  day  of  May,  l£49.  The  treaty  also  stipulates 
that  the  United  States  shall  "  assume  and  pay  "  to  our  own  citizens 
a  the  claims  already  liquidated  and  decided  against  the  Mexican  re 
public,"  and  u  all  claims  not  heretofore  decided  against  the  Mexi 
can  government,"  u  to  an  amount  not  exceeding  three  and  a  quar 
ter  millions  of  dollars."  The  u  liquidated  "  claims  of  citizens  of 
the  United  States  against  Mexico,  as  decided  by  the  joint  board  of 
commissioners  under  the  convention  between  the  United  States  and 
Mexico  of  the  llth  of  April,  1839,  amounted  to  two  millions  and 
twenty-six  thousand  one  hundred  and  thirty-nine  dollars  and  sixty- 
eight  cents.  This  sum  was  payable  in  twenty  equal  annual  instal 
ments.  Three  of  them  have  been  paid  to  the  claimants  by  the  Mexi 
can  government,  and  two  by  the  United  States — leaving  to  be  paid 
of  the  principal  of  the  liquidated  amount  assumed  by  the  United 
States  the  sum  of  one  million  five  hundred  and  nineteen  thousand 
six  hundred  and  four  dollars  and  seventy-six  cents,  together  wTith. 
the  interest  thereon.  These  several  amounts  of  u liquidated"  and 
unliquidated  claims  assumed  by  the  United  States,  it  is  believed, 
may  be  paid  as  they  fall  due,  out  of  the  accruing  revenue,  without 
the  issue  of  stock  or  the  creation  of  any  additional  public  debt. 

I  cannot  too  strongly  recommend  to  Congress  the  importance  of 


[60] 


6 


Husbanding  all  our  national  resources,  of  limiting  the  public  ex 
penditures  to  necessary  objects,  and  of  applying  all  the  surplus  at 
any  time  in  the  treasury  to  the  redemption  of  the  debt.  I  recom 
mend  that  authority  be  vested  in  the  Executive  by  law  to  antici 
pate  the  period  of  reimbursement  of  such  portion  of  the  debt  as 
may  not  be  now  redeemable,  and  to  purchase  it  at  par,  or  at  the 
premium  which  it  may  command  in  the  market,  in  all  cases  in 
•which  that  authority  has  not  already  been  granted.  A  premium 
has  been  obtained  by  the  government  on  much  the  larger  portion 
of  the  loans;  and  if,  when  the  government  becomes  a  purchaser  of 
its  own  stock,  it  shall  command  a  premium  in  the  market,  it  will 
be  sound  policy  to  pay  it,  rather  than  to  pay  the  semi-annual  in 
terest  upon  it.  The  interest  upon  the  debt,  if  the  outstanding 
treasury  notes  shall  be  funded,  from  the  end  of  the  last  fiscal  year 
until  it  shall  fall  due  and  be  redeemable,  will  be  very  nearly  equal 
to  the  principal,  which  must  itself  be  ultimately  paid. 

Without  changing  or  modifying  the  present  tariff  of  duties,  so 
great  has  been  the  increase  of  our  commerce  under  its  benign  ope 
ration,  that  the  revenue  derived  from  that  source,  and  from  the 
sales  of  the  public  lands,  will,  it  is  confidently  believed,  enable 
the  government  to  discharge  annually  several  millions  of  the  debt, 
and  at  the  same  time  possess  the  means  of  meeting  necessary  ap 
propriations  for  all  other  proper  objects.  Unless  Congress  shall 
authorize  largely  increased  expenditures,  for  objects  not  of  abso 
lute  necessity,  the  whole  public  debt  existing  before  the  Mexican 
war,  and  that  created  during  its  continuance,  may  be  paid  off  with 
out  any  increase  of  taxation  on  the  people  long  before  it  fall  due. 

Upon  the  restoration  of  peace,  we  should  adopt  a  policy  suited 
to  a  state  of  peace.  In  doing  this,  the  earliest  practicable  pay 
ment  of  the  public  debt  should  be  a  cardinal  principle  of  action. 
Profiting  by  the  experience  of  the  past,  we  should  avoid  the  errors 
into  which  the  country  was  betrayed  shortly  after  the  close  of  the 
•war  with  Great  Britain  in  1815.  In  a  few  years  after  that  period, 
a  broad  and  latitudinous  construction  of  the  powers  of  the  fede 
ral  government,  unfortunately  received  but  too  much  countenance. 
Though  the  country  was  burdened  with  a  heavy  public  debt, 
large,  and  in  some  instances  unnecessary  and  extravagant  expen 
ditures  were  authorized  by  Congress.  The  consequence  was,  that 
the  payment  of  the  debt  was  postponed  for  more  than  twenty 
years;  and  even  then  it  was  only  accomplished  by  the  stern  will 
and  unbending  policy  of  President  Jackson,  who  made  its  payment 
a  leading  measure  of  his  administration.  He  resisted  the  attempts 
which  were  made  to  divert  the  public  money  from  that  great  object, 
and  apply  it  in  wasteful  and  extravagant  expenditures  for  other 
objects;  some  of  them  of  more  than  doubtful  constitutional  author 
ity  and  expediency. 

If  the  government  of  the  United  States  shall  observe  a  proper 
economy  in  its  expenditures,  and  be  confined  in  its  action  to  the 
conduct  of  our  foreign  relations,  and  to  the  few  general  objects  of 
its  care  enumerated  in  the  Constitution,  leaving  all  municipal  and 
Jocal  legislation  to  the  States,  our  greatness  as  a  nation,  in  moral 


7  [60] 

and  physical  power,  and  in   wealth  and  resources,  cannot  be  cal 
culated. 

By  pursuing  this  policy,  oppressive  measures  operating  unequally 
and  unjustly  upon  sections  and  classes,  will  be  avoided,  and  the 
people,  having  no  cause  of  complaint,  will  pursue  their  own  inter 
ests,  under  the  blessings  of  equal  laws  and  the  protection  of  a  just 
and  paternal  government.  By  abstaining  from  the  exercise  of  all 
powers  not  clearly  conferred,  the  current  of  our  glorious  Union, 
now  numbering  thirty  States,  will  be  strengthened  as  we  grow  in 
age  and  increase  in  population,  and  our  future  destiny  will  be 
without  a  parallel  or  example  in  the  history  of  nations. 

JAMES  K.  POLK. 

WASHINGTON,  July  6,  1848. 


[60] 


8 


TREATY 

Of  peace,  friendship,  limits  and  settlement,  between  the  United- 
States  of  America  and  the  Mexican  republic.  Dated  at  Guada- 
lupe  Hidtflgo,  February  2,  1848;  ratified  by  the  President  of  the 
United  States,  March  16,  1848;  exchanged  at  Queretaro,  May  30, 
1848;  proclaimed  by  the  President  of  the  United  States, 
July  4,  1848. 


BY    THE    PRESIDENT    OF    THE    UNITED    STATES    OF    AMERICA. 
A  PROCLAMATION. 

WHEREAS,  a  treaty  of  peace,  friendship,  limits  and  settlement,  be 
tween  the  United  States  of  America  and  the  Mexican  republic, 
was  concluded  and  signed  at  the  city  of  Guadalupe  Hidalgo,  on 
the  second  day  of  February,  one  thousand  eight  hundred 
and  forty-eight,  which  treaty,  as  amended  by  the  Senate  of  the 
United  States,  and,  being  in  the  English  and  Spanish  languages, 
is  word  for  word  as  follows: 


In  the  name  of  Almighty  Gcd: 
The  United  States  of  America 
and  the  United  Mexican  States, 
animated  by  a  sincere  desire  to 
put  an  end  to  the  calamities  of 
the  war  which  unhappily  exists 
between  the  two  republics,  and 
to  establish  upon  a  solid  basis 
relations  of  peace  and  friendship, 
which  shall  confer  reciprocal 
benefits  upon  the  citizens  of 
both,  and  assure  the  concord, 
harmony  and  mutual  confidence 
wherein  the  two  people  should 
live,  as  good  neighbors,  have  for 
that  purpose  appointed  their  re 
spective  plenipotentiaries,  that  is 
to  say,  the  President  of  the 
United  States  has  appointed 
Nicholas  P.  Trist,  a  citizen  of 
the  United  States,  and  the  Pres 
ident  of  the  Mexican  republic 
has  appointed  Don  Luis  Gonzaga 
Cuevas,  Don  Bernardo  Couto  and" 
Don  Miguel  Atristain,  citizens  of 
the  said  republic,  who,  after  a 


En  el  nombre  de  Dios  Todo- 
Poderoso: 

Los  Estados  Unidos  Mexicanos 
y  los  Estados  Unidos  de  Amer 
ica,  animados  de  un  sincero  de- 
seo  de  poner  termino  a  las  cala- 
midades  de  la  guerra  que  des- 
graciadamente  existe  entre  ambas 
republicas,  y  de  establecer  sobre 
bases  s<5lidas  relaciones  de  paz  y 
buena  amistad,  que  procuren  re- 
ciprocas  ventajas  a  los  ciudada- 
nos  de  uno  y  otro  pais,  y  afian- 
zen  la  concordia,  armonia  y 
mutua  seguridad  en  que  deben 
vivir,  como  buenos  vecinos,  los 
dos  pueblos  ban  nombrado  a 
este  efecto  sus  respectivos  plen- 
ipotenciarios;  a  saber,  el  Presi- 
dente  de  la  repiiblica  Mexicana 
a  Don  Bernardo  Couto,  Don  Mi 
guel  Atristain,  y  Don  Luis  Gon 
zaga  Cuevas,  ciudadanos  de  la 
misma  repiiblica;  y  el  Presidente 
de  los  Estados  Unidos  de  Amer 
ica  a  Don  Nicolas  P.  Trist,  eiu- 


[60] 


reciprocal  communication  of  their 
respective  full  powers,  have,  un 
der  the  protection  of  Almighty 
God,  the  author  of  peace,  ar 
ranged,  agreed  upon,  and  signed 
the  following 


Treaty  of  peace ,  friendship ,  lim 
its  and  settlement,  between  the 
United  States  of  America  and 
the  Mexican  republic. 

ARTICLE  I. 

There  shall  be  firm  and  uni 
versal  peace  between  the  United 
States  of  America  and  the  Mex 
ican  republic,  and  between  their 
respective  countries,  territories, 
cities,  towns  and  people,  with 
out  exception  of  places  or  per 
sons. 

ARTICLE  II. 

Immediately  upon  the  signa 
ture  of  this  treaty,  a  convention 
shall  be  entered  into  between 
a  commissioner  or  commissioners 
appointed  by  the  general-in- 
chief  of  4ne  forces  of  the  United 
States,  and  such  as  may  be  ap 
pointed  by  the  Mexican  govern 
ment,  to  the  end  that  a  provi 
sional  suspension  of  hostilities 
shall  take  place,  and  that,  in  the 
places  occupied  by  the  said 
forces,  constitutional  order  may 
be  re-established,  as  regards  the 
political,  administrative  and  ju 
dicial  branches,  so  far  as  this 
shall  be  permitted  by  the  cir 
cumstances  of  military  occupa 
tion. 

ARTICLE  III. 

Immediately  upon  the  ratifica 
tion  of  the  present  treaty  by  the 
government  of  the  United  States, 
orders  shall  be  transmitted  to 
the  commanders  of  their  land 
and  naval  forces,  requiring  the 


dadano  de  dichos  Estados;  qui- 
enes  despues  de  haberse  comuni- 
cado  sus  plenos  poderes,  bajo  la 
proteccion  del  Sefior  Dios  Todo 
Poderoso,  autor  de  la  paz,  han 
ajustado,  convenido,  y  firmado 
el  siguiente 

Tratado  de  paz,  amistad^  limites 
y  arreglo  definitive  entre  la 
repiiblica  Mexicana  y  los  Esta- 
dos  Unidos  de  America. 

ARTICULO  I. 

Habra  paz  firme  y  universal 
entre.  la  republica  Mexicana  y 
los  Estados  Unidos  de  America, 
y  entre  sus  respectivos  paises, 
territories,  ciudades,  villas,  y 
pueblos,  sin  escepcion  de  lugares 
6  personas. 

ARTIGULO  II. 

Luego  que  se  firme  el  presente 
tratado,  iabra  un  convenio  entre 
el  comisionado  u  comisionados 
del  gobierno  Mexicano,  y  el  6 
los  que  nombre  el  General  en 
gefe  de  las  fuerzas  de  los  Esta 
dos  Unidos,  para  que  cesen  pro- 
visionalmente  las  hostiliclades,  y 
se  restablezca  en  los  lugares  oc- 
upados  por  las  mismas  fuerzas  el 
orden  constitucional  en  lo  poli 
tico,  administrative,  y  judicial, 
en  cuantb  lo  permitan  las  cir- 
cunstancias  de  ocupacion  mil- 
itar. 


ARTICULO  III. 

Luego  que  este  tratado  sea  ra- 
tificado  por  el  gobierno  de  los 
Estados  Unidos,  s«  expediran 
6rdenes  a  sus  comandantes  de 
tierra  y  mar  previniendo  a  estos 
segundos  (siempre  que  el  tratado 


[60] 


10 


latter  (provided  this  treaty  shall 
then  have  been  ratified  by  the 
government  of  the  Mexican  re 
public,  and  the  ratifications  ex 
changed)  immediately  to  desist 
from  blockading  any  Mexican 
ports;  and  requiring  the  former 
(under  the  same  condition)  to 
commence,  at  the  earliest  mo 
ment  practicable,  withdrawing 
all  troops  of  the  United  States 
then  in  the  interior  of  the  Mexi 
can  republic,  to  the  points  that 
shall  be  selected  by  common 
agreement,  at  a  distance  from 
the  seaports  not  exceeding  thirty 
leagues;  and  such  evacuation  of 
the  interior  of  the  republic  shall 
be  completed  with  the  least  pos 
sible  delay;  the  Mexican  govern 
ment  hereby  binding  itself  to 
afford  every  facility  in  its  power 
for  rendering  the  same  conve 
nient  to  the  troops,  on  their 
march  and  in  their  new  posi 
tions,  and  for  promoting  a  good 
understanding  between  them  and 
the  inhabitants.  In  like  man 
ner,  orders  shall  be  despatched 
to  the  persons  in  charge  of  the 
custom  houses  at  all  ports  occu 
pied  by  the  forces  of  the  United 
States,  requiring  them  (under  the 
same  condition)  immediately  to 
deliver  possession  of  the  same 
to  the  persons  authorised  by  the 
Mexican  government  to  receive 
it,  together  with  all  bonds  and 
evidences  of  debts  for  duties  on 
importations  and  on  exportations, 
not  yet  fallen  due.  Moreover,  a 
faithful  and  exact  account  shall 
be  made  out,  showing  the  entire 
amount  of  all  duties  on  imports 
and  on  exports,  collected  at 
such  custom  houses,  or  else 
where  in  Mexico,  by  authority 
of  the  United  States,  from  and 
after  the  day  of  the  ratification 
of  this  treaty  by  the  govern 
ment  of  the  Mexican  republic; 


haya  sido  ya  ratificado  por  el 
gobierno  de  la  republica  Mexi- 
cana,  y  cangeadas  las  ratifica- 
ciones)  que  inmediatamente  alcen 
el  bloqueo  de  todos  los  puertos 
Mexicanos,y  raandando  a  los  pri- 
meros  (bajo  la  misma  condicion) 
que  a.  la  mayor  posible  brevedad 
comiencen  a  retirar  todas  las 
tropas  de  los  Estados  Unidos  que 
se  hallaren  entonces  en  el  inte 
rior  de  la  republica  Mexicana,  a 
puntos  que  se  elegiran  de  comun 
acuerdo,  y  que  no  distaran  de 
los  puertos  mas  de  trienta 
leguas;  esta  evacuacion  del  inte 
rior  de  la  republica  se  consu- 
mera  con  la  menor  dilacion  pos 
ible,  comprometiendose  a  la  vez 
el  gobierno  Mexicano  a  facilitar, 
cuanto  quepa  en  su  arbitrio,  la 
evacuacion  de  las  tropas  Ameri- 
canas;  a  hacer  cdmodas  su 
marcha  y  su  permanencia  en  los 
nuevos  puntos  que  se  elijan;  y  a 
promover  una  buena  inteligencia 
entre  eilas  y  los  habitantes. 
Igualmente  se  libraran  ordenes  & 
las  personas  encargadas  de  las 
aduanas  maritiraas  en  todos  los 
puertos  ocupados  por  las  fuerzas 
de  los  Estados  Unidos,  previni- 
endoles  (bajo  la  misma  condi 
cion)  que  pongan  inmediata 
mente  en  posesion  de  dichas 
aduanas  a  las  personas  autoriza- 
das  por  el  gobierno  Mexicano 
para  recibirlas,  entregandoles  al 
misnio  tiempo  todas  las  obliga- 
ciones  y  constancias  de  deudas 
pendientes  por  derechos  de  im- 
portacion  y  exportacion,  cuyos 
plazos  no  esten  vencidos.  Ade- 
mas  se  formara  una  cuenta  fiel  y 
exacta  que  manifeste  el  total 
monto  de  los  derechos  de  impor- 
tacion  y  exportacion,  recaudados 
en  las  mismas  aduanas  mariti- 
mas  6  en  cualquiera  otro  lugar 
de  Mexico  por  autoridad  de  los 
Estados  Unidos  desde  el  dia  de 


11 


[60] 


and  also  on  account  of  the  cost 
of  collection;  and  such  entire 
amount,  deducting  only  the  cost 
of  collection,  shall  be  delivered 
to  the  Mexican  government,  at 
the  city  of  Mexico,  within  three 
months  after  the  exchange  of  the 
ratifications. 

The  evacuation  of  the  capital 
of  the  Mexican  republic  by  the 
troops  of  the  United  States,  in 
virtue  of  the  above  stipulations, 
shall  be  completed  in  one  month 
after  the  orders  there  stipulated 
for  shall  have  been  received  by 
the  commander  of  said  troops,  or 
sooner  if  possible. 


la  ratificacion  de  este  tratado  por 
el  gobierno  de  la  republica  Mex 
icana;  y  tambien  una  cuenta  de 
los  gastos  de  racaudacion;  y  la 
total  suma  de  los  derechos  cob- 
rados,  deducidos  solamente  los 
gastos  de  racaudacion,  se  entre- 
gara  al  gobierno  Mexicano  en  la 
ciudad  de  Mexico  a  los  tres 
meses  del  cange  de  las  ratifica- 
ciones. 

La  evacuacion  de  la  capital  de 
la  republica  Mexicana  por  las 
tropas  de  los  Estados  Unidos,  en 
consecuencia  de  lo  que  queda  es- 
tipulado,  se  completara  al  mes 
de  recibirse  por  el  comandante 
de  dichas  tropas  las  6rdenes  con- 
venidas  en  el  presente  articulo  6 
antes  si  fuere  posible. 


ARTICLE  IV. 

Immediately  after  the  exchange 
of  ratifications  of  the  present 
treaty,  all  castles,  forts,  territo 
ries,  places,  and  possessions, 
which  have  been  taken  or  occu 
pied  by  the  forces  of  the  United 
States  during  the  present  war, 
within  the  limits  of  the  Mexican 
republic,  as  about  to  be  estab 
lished  by  the  following  article, 
shall  be  definitively  restored  to 
the  said  republic,  together  with 
all  the  artillery,  arms,  apparatus 
of  war,  munitions,  and  other  pub 
lic  property,  which  were  in  the 
said  castles  and  forts  when  cap 
tured,  and  which  shall  remain 
there  at  the  time  when  this  trea 
ty  shall  be  duly  ratified  by  the 
government  of  the  Mexican  re 
public.  To  this  end,  immediate 
ly  upon  the  signature  of  this 
treaty,  orders  shall  be  despatch 
ed  to  the  American  officers  com 
manding  such  castles  and  forts, 
securing  against  the  removal  or 
destruction  of  any  such  artillery, 
arms,  apparatus  of  war,  muni- 


ARTICULO  IV. 

Luego  que  severifique  el  cange 
de  las  ratificaciones  del  presente 
tratado,  todos  los  castillos,  for- 
talezas,  territories,  lugares,  y 
posesiones  que  hayan  tornado  u 
ocupado  las  fuerzas  de  los  Esta 
dos  Unidos,  en  la  presente  guer- 
ra,  dentro  de  los  limites  que  por 
el  siguiente  articulo  van  afijarse 
a  la  republica  Mexicana,  se  de- 
volveran  definitivamente  a  la 
misma  republica,  con  toda  la  ar- 
tilleria,  armas,  aparejos  de  guer- 
ra,  municiones,  y  cualquiera  otra 
propiedad  publica  existentes  en 
dichos  castillos  y  fortalezas,  cu- 
ando  fueron  tornados,  y  que  se 
conserve  en  ellos  al  tiempo  de 
ratificarse  por  el  gobierno  de  la 
republica  Mexicana  el  presente 
tratado.  A  este  efecto,  inmedi- 
atamente  despuesque  sefirme,se 
expediran  ordenes  a  los  oficiales 
Americanos  que  mandan  dichos 
castillos  y  fortalezas  para  asegu- 
rar  toda  la  artilleria,  armas,  apa 
rejos  de  guerra,  municiones,  y 
cualquiera  otra  propiedad  piibli- 


[  60  ]  12 

tions,  or  other  public  property. 
The  city  of  Mexico,  within  the 
inner  line  of  intrenchments  sur 
rounding  the  said  city,  is  com 
prehended  in  the  above  stipula 
tions,  as  regards  the  restoration 
of  artillery,  apparatus  of  war, 
&c. 

The  final  evacuation  of  the 
territory  of  the  Mexican  repub 
lic,  by  the  forces  of  the  United 
States,  shall  be  completed  in 
three  months  from  the  said  ex 
change  of  ratifications,  or  sooner 
if  possible:  the  Mexican  govern 
ment  hereby  engaging,  as  in  the 
foregoing  article, to  useallmeans 
in  its  power  for  facilitating  such 
evacuation,  and  rendering  it  con 
venient  to  the  troops,  and  for 
promoting  a  good  understanding 
between  them  and  the  inhabi 
tants. 

If,  however,  the  ratification  of 
this  treaty  by  both  parties  should 
not  take  place  in  time  to  allow 
the  embarkation  of  the  troops  of 
the  United  States  to  be  comple 
ted  before  the  commencement  of 
the  sickly  season,  at  the  Mexi 
can  ports  on  the  Gulf  of  Mexico, 
in  such  case  a  friendly  arrange 
ment  shall  be  entered  into  be 
tween  the  general-in- chief  of 
the  said  troops  and  the  Mexican 
government,  whereby  healthy 
and  otherwise  suitable  places,  at 
a  distance  from  the  ports  not  ex 
ceeding  thirty  leagues,  shall  be 
designated  for  the  residence  of 
such  troops  as  may  not  yet  have 
embarked,  until  the  return  of  the 
healthy  season.  And  the  space 
of  time  here  referred  to  as  com 
prehending  the  sickly  season, 
shall  be  understood  to  extend 
from  the  first  day  of  May  to  the 
first  day  of  November. 

All  prisoners  of  war  taken  on 
either  bide,  on  land  or  on  sea, 


ca,  la  cual  no  podra  en  adelante 
rernoverse  de  donde  se  halla,  ni 
destruirse.  La  ciudad  de  Mexi 
co  dentro  de  la  linea  interior  de 
atrincheramientos  que  la  circun- 
dan  queda  comprendida  en  la 
precedente  estipulacion  en  lo  que 
toca  a  la  devolucion  de  artilleria, 
aparejos  de  guerra,  etc. 

La  final  evacuacion  del  territo- 
rio  de  la  repiiblica  Mexicana  por 
las  fuerzas  de  los  Estados  Uni- 
dos  quedara  consumada  a  los  tres 
meses  del  cange  de  las  ratifica- 
ciones,  6  antes  si  fuere  posible, 
comprometiendose  a  la  vez  el  go- 
bierno  Mexicano,  como  en  el  ar- 
ticulo  anterior,  a  usar  de  todos 
los  medios  que  esten  en  su  poder 
para  facilitar  la  tal  evacuacion, 
hacerla  comodaalas  tropas  Amer- 
icanas,  y  promover  entre  ellas  y 
los  habitantes  una  buena  intelli- 
gencia. 

Sin  embargo,  si  la  ratificacion. 
del  presente  tratado  por  ambas 
partes  no  tuviera  efecto  en  tiem- 
po  que  permita  que  el  embarque 
de  las  tropas  de  los  Estados  Uni- 
dos  se  complete,  antes  de  que 
comience  la  estacion  malsana  en 
los  puertos  Mexicanos  del  golfo 
de  Mexico;  en  tal  caso,  se  hara 
un  arreglo  amistoso  entre  el  go- 
bierno  Mexicano  y  el  general-en- 
gefe  de  dichas  tropas,  y  por  me- 
dio  de  este  arreglo  se  senalaran 
lugares  salubres  y  convenientes 
(que  no  disten  de  los  puertos  mas 
de  treinta  leguas)  para  que  resi- 
dan  en  elios  hasta  lavuelta  dela 
estacion  sana  la.s  tropas  que  aun. 
no  sehayan  embarcado.  Y  queda 
entendido  que  el  espacio  de  tiem- 
po  de  que  aqui  se  habla,  coma 
comprensivo  de  la  estacion  mal 
sana,  se  extiende  desde  el  dia 
primero  de  Mayo  hasta  el  dia 
primero  de  Noviembre. 

Todos  los  prisioneros  de  guerra 
tornados  en  mar  6  tierra  por  am- 


13 


[60] 


shall  be  restored  as  soon  as  prac 
ticable  after  the  exchange  of  rat 
ifications  of  this  treaty.  It  is 
also  agreed  that  if  any  Mexicans 
should"  now  be  held  as  captives 
by  any  savage  tribe  within  the 
limits  of  the  United  States,  as 
about  to  be  established  by  the 
following  article,  the  govern 
ment  of  the  United  States  will 
exact  the  release  of  such  cap 
tives,  and  cause  them  to  be  re 
stored  to  their  country. 


bas  partes,  se  restituiran  a  la  may 
or  brevedad  posible  despues  del 
cange  de  las  ratificaciones  del 
presente  tratado.  Queda  tambien 
convenido  que  si  algunos  Mexi- 
canos  estuvieren  ahora  cautivos 
en  poder  de  alguna  tribu  salvage 
dentro  de  los  limites  que  por  el 
siguiente  articulo  van  &  iijarse  & 
los  Estados  Unidos,  el  gobierno 
de  los  misnios  Estados  Unidos 
exigira"  su  libertad  y  los  hara  res- 
tituir  a  su  pais. 


ARTICLE   V. 

The  boundary  line  between  the 
two  republics  shall  commence  in 
the  gulf  of  Mexico,  three  leagues 
from  land,  opposite  the  mouth 
of  the  Rio  Grande,  otherwise 
called  Rio  Bravo  del  Norte,  or 
opposite  the  mouth  of  its  deepest 
branch,  if  it  should  have  more 
than  one  branch  emptying  di 
rectly  into  the  sea;  from  thence 
tip  the  middle  of  that  river,  fol 
lowing  the  deepest  channel, 
where  it  has  more  than  one,  to 
the  point  where  it  strikes  the 
southern  boundary  of  New  Mex 
ico;  thence,  westwardly,  along 
the  whole  southern  boundary  of 
New  Mexico  (which  runs  north 
of  the  town  called  Paso)  to  its 
"western  termination;  thence, 
northward,  along  the  western 
line  of  New  Mexico,  until  it  in 
tersects  the  first «  branch  of  the 
river  Gila;  (or  if  it  should  not 
intersect  any  branch  of  that  riv 
er,  then  to  the  point  on  the  said 
line  nearest  to  such  branch,  and 
thence  in  a  direct  line  to  the 
same;)  thence  down  the  middle 
of  the  said  branch  and  of  the 
said  river,  until  it  empties  into 
the  Rio  Colorado;  thence  across 
the  Rio  Colorado,  following  the 
division  line  between  Upper  and 


ARTICULO  V. 

La  linea  divisoria  entre  las  dos 
repiiblicas  commenzara  en  el  gol- 
fo  de  Mexico,  tres  leguas  fuera  de 
tierra  frente  a  la  desembocadura 
del  Rio  Grande,  llamado  por 
otro  nombre  Rio  Bravo  del 
Norte,  6  del  mas  profundo  de 
sus  brazos,  si  en  la  desemboca 
dura  tuviere  varies  brazos;  cor- 
.  rera  por  mitad  de  dicho  rio, 
siguiendo  el  canal  mas  profundo, 
donde  tenga  mas  de  un  canal,, 
hasta  el  punto  en  que  dicho  rio 
corta  el  lindero  meridional  de 
Nuevo  Mexico;  continuara  luego. 
hacia  occidente  por  todo  este 
lindero  meridional  (que  corre  al 
norte  del  pueblo  llamado  Paso) 
hasta  su  termino  por  el  lado  de 
occidente;  desde  alii  subira  la 
linea  divisoria  hacia  el  norte 
por  el  lindero  occidental  de 
Nuevo  Mexico,  hasta  donde  este 
lindero  este  cortado  por  el  pri 
mer  brazo  del  rio  Grili;  (y  si  no 
esta  cortado  por  ningun  brazo 
del  rio  Gila,  entonces  hasta  el 
punto  del  ruismo  lindero  occi 
dental  mas  cercano  al  tal  brazo, 
y  de  alii  en  una  linea  recta  al 
mismo  brazo;)  continuard.  des 
pues  por  mitad  de  este  brazo  y 
del  rio  Gila  hasta  su  confluencia 
con  el  rio  Colorado;  y  desde  la 


[60] 


14 


Lower  California,  to  the  Pacific 
ocean. 


The  southern  and  western  lim 
its  of  New  Mexico,  mentioned  in 
this  article,  are  those  laid  down 
in  the  map  entitled  "Map  of  the 
United  Mexican  States,  as  organ 
ized  and  defined  by  various  acts 
of  the  Congress  of  said  republic, 
and  constructed  according  to  the 
best  authorities.  Revised  edition. 
Published  at  New  York,  in  1847, 
by  J.  Disturnell."  Of  which 
map  a  copy  is  added  to  this 
treaty,  bearing  the  signatures 
and  seals  of  the  undersigned 
plenipotentiaries.  And,  in  order 
to  preclude  all  difficulty  in  tra 
cing  upon  the  ground  the  limit 
separating  Upper  from  Lower 
California,  it  is  agreed  that  the 
said  limit  shall  consist  of  a 
straight  line  drawn  from  the 
middle  of  the  Rio  Gila,  where 
it  unites  with  the  Colorado,  to  a 
point  on  the  coast  of  the  Paciic 
ocean  distant  one  marine  league 
due  south  of  the  southernmost 
point  of  the  port  of  San  Diego, 
according  to  the  plan  of  said 
port  made  in  the  year  1782  by 
Don  Juan  Pantoja,  second  sail 
ing-master  of  the  Spanish  fleet, 
and  published  at  Madrid  in  the 
year  1802,  in  the  Atlas  to  the 
voyage  of  the  schooners  Sutil  and 
Mexicana,  of  which  plan  a  copy 
is  hereunto  added,  signed  and 
sealed  by  the  respective  pleni 
potentiaries. 

In  order  to  designate  the  boun 
dary  line  with  due  precision, 
upon  authoritative  maps,  and  to 
establish  upon  the  ground  land 
marks  which  shall  show  the  lim 
its  of  both  republics,  as  describ 
ed  in  the  present  article,  the  two 
governments  shall  each  appoint 


confluencia  de  ambos  rios  la 
linea  divisoria,  cortando  el  Col 
orado,  seguira  el  limite  que 
separa  la  Altn  de  la  Baja  Cali 
fornia  hasta  el  mar  Pacifico. 

Los   linderos  meridional  y  oc 
cidental   de   Nuevo   Mexico,    de 
que     habla     este    articulo,     son 
los  que  se    marcan    en    la    carta 
titulada:  Mapa    de    los    Estados 
Unidos  de    Mexico  segun   lo  or- 
ganizado  y    definido  por  las  va- 
rias  actas  del  Congreso  de  dicha 
republica,  y  construido    por  las 
mejores  autoridades.  Edicion  re- 
visada    que    publico    en    Nueva 
York  en  1847,  J.  Disturnell;  de 
la  cual  se  agrega  un  ejemplar  al 
presente  tratado,  firmado  y    sel- 
lado    por    los    plenipotenciarios 
infrascriptos.  Y  para  evitar  toda 
dificultad  al  trazar  sobre  la  tierra 
el  limite  que  separa  la    Alta    de 
la  Baja    California,   queda  con- 
venido   que  dicho  limite  consis- 
tira    en    una    linea   recta   tirada 
desde  la  mitad   del   rio    Gila  en 
el   punto  donde    se    une    con  el 
Colorado,  hasta  un   punto  en  la 
costa  del  mar   Pacifico,  distante 
una  legua  marina  al  surdel  punto 
mas    meridional    del    puerto    de 
San    Diego,    segun    este    puerto 
esta    dibujado    en    el    piano  que 
levantd  el  ano  de  1782  el  segun- 
do  piloto  de  la  armada  Espanalo 
Don  Juan  Pantoja,  y  se  publico 
en  Madrid  el  de  1802,  en  el  atlas 
para  el  viage  de  las  goletas  Sutil 
y  Mexicana;    del    cual  piano  se 
agrega    copia  firmada  y    sellada 
por  los  plenipotenciarios  respec- 
tivos. 

Para  consiguar  la  linea  divi 
soria  con  la  precision  debida  en 
mapas  febacientes,  y  para  es- 
tablecer  sobre  la  tierra  mojones 
que  pongan  a  la  vista  los  limites 
de  ambas  republicas,  segun  que- 
dan  descritos  en  el  presente  ar 
ticulo,  nombrara  cada  uno  de  los 


15 


[60] 


-a  commissioner  and  a  surveyor, 
who,  before  the  expiration  of 
one  year  from  the  date  of  the 
exchange  of  ratifications  of  this 
treaty,  shall  meet  at  the  port  of 
San  Diego,  and  proceed  to  run 
and  mark  the  said  boundary  in  its 
•whole  course  to  the  mouth  of  the 
Rio  Bravo  del  Norte.  They 
shall  keep  journals  and  make 
out  plans  of  their  operations; 
and  the  result  agreed  upon  by 
them  shall  be  deemed  a  part  of 
this  treaty,  and  shall  have  the 
same  force  as  if  it  were  inserted 
therein.  The  two  governments 
will  amicably  agree  regarding 
-what  may  be  necessary  to  these 
persons,  and  also  as  to  their  re 
spective  escorts,  should  such  be 
necessary. 

The  boundary  line  established 
by  this  article  shall  be  religious 
ly  respected  by  each  of  the  two 
republics,  and  no  change  shall 
ever  be  made  therein,  except  by 
the  express  and  free  consent  of 
both  nations,  lawfully  given  by 
the  general  government  of  each, 
in  conformity  with  its  own  con 
stitution. 


ARTICLE  VI. 

The  vessels  and  citizens  of  the 
United  States  shall,  in  all  time, 
have  a  free  and  uninterrupted 
passage  'by  the  gulf  of  Califor 
nia,  and  by  the  river  Colorado 
below  its  confluence  with  the 
Gila,  to  and  from  their  posses 
sions  situated  north  of  the  boun 
dary  line  defined  in  the  preced 
ing  article;  it  being  understood 
that  this  passage  is  to  be  by  nav 
igating  the  gulf  of  California  and 
the  river  Colorado,  and  not  by 
land,  without  the  express  con 
sent  of  the  Mexican  government. 


dos  gobiernos  un  commisario  y 
un  agrimensor  que  se  juntaran 
antes  del  termino  de  un  ano  con- 
tado  desde  la  feeha  del  cange  de 
las  ratificaciones  de  este  tratado, 
en  el  puerto  de  San  Diego,  y 
procederan  a  senalar  y  demarcar 
la  expresada  linea  divisoria  en 
todo  su  curso  hasta  la  desembo- 
cadura  del  Rio  Bravo  del  Norte. 
Llevaran  diarios  y  llevantaran 
pianos  de  sus  operaciones:  y  el 
resultado  convenido  por  ellos  se 
tendra  por  parte  de  este  tratado, 
y  tendra  la  misma  fuerza  que  si 
estuviese  inserto  en  el;  debiendo 
convenir  amistosamente  los  dos 
gobiernos  en  el  arreglo  de  cuan- 
to  necesiten  estos  individuos,  y 
en  la  escolta  respectiva  que  de- 
ban  llevar,  siempre  que  se  crea 
necessario. 

La  linea  divisoria  que  se  esta- 
blece  por  este  articulo  sera  re- 
ligiosamente  respetada  por  cada 
una  de  las  dos  repiiblicas,  y  nin- 
guna  variacion  se  hara  jamas  en 
ella,  sino  de  expreso  y  libre  con- 
sentimiento  de  arabas  naciones, 
otorgado  legalmente  por  el  go- 
bierno  general  de  cada  una  de 
ellas,  con  arreglo  a  su  propia 
constitucion. 

ARTICULO  VI. 

Los  buques  y  ciudadanos  de 
los  Estados  Unidos  tendran  en 
todo  tiempo  un  libre  y  no  inter- 
rumpido  transito  por  el  golfo  de 
California  y  por  el  rio  Colorado 
desde  su  confluencia  con  el  Gila, 
para  sus  pesesiones  y  desde  sus 
posesiones  sitas  al  riorte  de  la 
linea  divisoria  que  queda  mar- 
cada  en  el  articulo  precedente; 
entendiendose  que  este  transito 
se  ha  do  hacer  navegando  por 
el  golfo  de  California  y  por  el 
Rio  Colorado,  y  no  por  tierra, 
sin  expreso  consentimiento  del 
gobierno  Mexicano. 


[60] 


16 


If,  by  the  examinations  which 
may  be  made,  it  should  be  ascer 
tained  to  be  practicable  and  ad 
vantageous  to  construct  a  road, 
canal,  or  railway,  which  should 
in  whole  or  in  part  run  upon  the 
river  Gila,  or  upon  its  right  or 
its  left  bank,  within  the  space 
of  one  marine  league  from  either 
margin  of  the  river,  the  govern 
ments  of  both  republics  will  form 
an  agreement  regarding  its  con 
struction,  in  order  that  it  may 
serve  equally  for  the  use  and  ad 
vantage  of  both  countries. 

ARTICLE  VII. 

The  river  Gila,  and  the  part  of 
the  Rio  Bravo  del  Norte  lying 
below  the  southern  boundary  of 
New  Mexico,  being,  agreeably 
to  the  fifth  article,  divided  in  the 
middle  between  the  two  repub 
lics,  the  navigation  of  the  Gila 
and  of  the  Bravo  below  said 
boundary  shall  be  free  and  com 
mon  to  the  vessels  and  citizens 
of  both  countries;  and  neither 
shall,  without  the  consent  of  the 
other,  construct  any  work  that 
may  impede  or  interrupt,  in 
whole  or  in  part,  the  exercise  of 
this  right;  not  even  for  the  pur 
pose  of  favoring  new  methods  of 
navigation.  Nor  shall  any  tax 
or  contribution,  under  any  deno 
mination  or  title,  be  levied  upon 
vessels,  or  persons  navigating 
the  same,  or  upon  merchandise 
or  effects  transported  thereon, 
except  in  the  case  of  landing 
upon  one  of  their  shores.  If,  for 
the  purpose  of  making  the  said 
rivers  navigable,  or  for  maintain 
ing  them  in  such  state,  it  should 
be  necessary  or  advantageous  to 
establish  any  tax  or  contribution, 
this  shall  not  be  done  without  the 
consent  of  both  governments. 

The  stipulations  contained  in 
the  present  article  shall  not  im- 


Si  por  recopocimientos  que  se 
practiquen,  se  comprobare  la 
posibilidad  y  conveniencia  de 
construir  un  camino,  canal,  6  fer- 
ro-carril,  que  en  todo  6  en  parte 
corra  sobre  el  rio  Gila  6  sobre 
alguna  de  sus  margenes  derecha 
6  izquierda  en  la  latitud  de  una 
legua  marina  de  uno  6  de  otro 
lado  del  rio,  los  gobiernos  de 
ambas  republicas  se  pondran  de 
acuerdo  sobre  su  construccion  a 
fin  de  que  sirva  igualmente  para 
el  uso  y  provecho  de  ambos 
paises. 

ARTICULO  VII. 

Como  el  rio  Gila  y  la  parte  del 
Rio  Bravo  del  Norte  que  corre 
bajo  el  lindero  meridional  de 
Nuevo  Mexico  se  dividen  por 
mitad  entre  las  dos  republicas? 
segun  lo  establecido  en  el  arti- 
culo  quinto,  la  navegacion  en  el 
Gila  y  en  la  parte  que  queda  in- 
dicada  del  Bravo,  sera  libre  y 
comun  a  los  buques  y  ciudadanos 
de  ambos  paises,  sin  que  por  al- 
guno  de  ellos  pueda  hacerse  (sin 
censentimiento  del  otro)  ninguna 
obra  que  impido  6  interrumpa  en 
todo  6  en  parte  el  ejercicio  de 
este  derecho,  ni  aim  con  motivo 
de  favorecer  nuevos  metodos  de 
navegacion.  Tampoco  se  podra 
cobrar  (sino  en  el  caso  de  desem- 
barco  en  alguna  de  sus  riberas) 
ningun  impuesto  6  contribucion 
bajo  ninguna  denominaoion  6  ti- 
tuio  a  los  buques,  efectos,  mer- 
cancias  6  personas  que  nareguen. 
en  dichos  rios.  Si  para  hacerlos 
6  mantenerlos  navegables  fuere 
necesario  6  conveniente  estable- 
cer  alguna  contribucion  6  impu 
esto,  no  podra  esto  hacerse  sin 
el  consentimiento  de  los  dos  go 
biernos. 

Las  estipulaciones  contenidas 
en  el  presente  articulo  dejan  ile- 
sos  los  derechos  territoriales  de 


17 


[60] 


pair  the  territorial  rights  of  eith 
er  republic  within  its  established 
limits. 

ARTICLE  VIII. 

Mexicans  now  established  in 
territories  previously  belonging 
to  Mexico,  and  which  remain  for 
the  future  within  the  limits  of 
the  United  States,  as  defined  by 
the  present  treaty,  shall  be  free 
to  continue  where  they  now  re 
side,  or  to  remove  at  any  time  to 
the  Mexican  republic,  retaining 
the  property  which  they  possess 
in  the  said  territories,  or  dispos 
ing  thereof,  and  removing  the 
proceeds  wherever  they  please, 
without  their  being  subjected,  on 
this  account,  to  any  contribution, 
tax,  or  charge  whatever. 

Those  who  shall  prefer  to  re 
main  in  the  said  territories,  may 
either  retain  the  title  and  rights 
of  Mexican  citizens,  or  acquire 
those  of  citizens  of  the  United 
States.  But  they  shall  be  under 
the  obligation  to  make  their  elec 
tion  within  one  year  from  the 
date  of  the  exchange  of  ratifica 
tions  of  this  treaty;  and  those 
who  shall  remain  in  the  said  ter 
ritories  after  the  expiration  of 
that  year,  without  haying  de 
clared  their  intention  to  retain 
the  character  of  Mexicans,  shall 
be  considered  to  have  elected  to 
become  citizens  of  the  United 
States. 

In  the  said  territories,  proper 
ty  of  every  kind,  now  belonging 
to  Mexicans  not  established  there, 
shall  be  inviolably  respected. 
The  present  owners,  the  heirs  of 
these,  and  all  Mexicans  who  may 
hereafter  acquire  said  property 
by  contract,  shall  enjoy  with  re 
spect  to  it  guaranties  equally 
ample  as  if  the  same  belonged 
to  citizens  of  the  United  States. 


una  y  otra  repiiblica  dentro  de 
los  limites  que  les  quedan  mar- 
cados. 

ARTICULO  VIII. 

Los  Mexicanos  eslablecidos 
hoy  en  territories  pertenecientes 
antes  a  Mexico,  y  que  quedan 
para  lo  futuro  dentro  de  los  li 
mites  senalados  por  el  presente 
tratado  a  los  Estados  Unidos,  po- 
dran  permanecer  en  donde  abora 
habitan,  6  trasladarse  en  cual- 
quier  tiempoala  repiiblica  Mex- 
ieana,  conservando  en  los  indi- 
cados  territories  los  bienes  que 
poseen,  6  enagenandolos  y  pas- 
ando  su  valor  a  donde  les  con- 
venga,  sin  que  por  esto  pueda 
exigirselesningun  genero  de  con- 
tribucion,  gravamen  6  impuesto. 

Los  que  prefieran  permanecer 
en  los  indicados  territories,  po- 
dran  conservar  el  titulo  y  clere- 
chos  de  ciudadanos  Mexicanos,  6 
adquirir  el  titulo  y  derechos  de 
ciudadanos  de  los  Estados  Uni 
dos.  Mas  la  eleccion  entre  una 
y  otra  ciudadania  deberan  hacer- 
la  dentro  de  un  ano  contado  des- 
de  la  fecha  del  cange  de  las  rati- 
ficaciones  de  este  tratado.  Y  los 
que  permanecieren  en  los  indica 
dos  territorios  despues  de  trans- 
currido  el  ano,  sin  haber  decla- 
rado  su  intencion  de  retener  el 
caracter  de  Mexicanos,  se  consi- 
derara  que  han  elegido  ser  ciu 
dadanos  de  los  Estados  Unidos. 

Las  propiedades  de  todo  gene 
ro  existentes  en  los  expresados 
territorios,  y  que  pertenecen  aho- 
ra  a  Mexicanos  no  establecidos 
en  ellos,  seran  respetadas  invio- 
lablemente.  Sus  actuates  duenos, 
los  herederos  de  estos,  y  los  Me 
xicanos  que  en  lo  venidero  pue- 
dan  adquirir  por  contrato  las  in- 
dicadas  propiedades,  disfrutaran 
respecto  de  ellas  tan  amplia  ga- 
rantia,  como  si  perteneciesen  a 
ciudadanos  de  los  Estados  Unidos. 


[CO] 


18 


ARTICLE  IX. 

The  Mexicans  who,  in  the  ter 
ritories  aforesaid,  shall  not  pre 
serve  the  character  of  citizens  of 
the  Mexican  republic,  conform 
ably  with  what  is  stipulated  in 
the  preceding  article,  shall  be  in 
corporated  into  the  union  of  the 
United  States  and  be  admitted  at 
the  proper  time  (to  be  judged  of 
by  the  Congress  of  the  United 
States)  to  the  enjoyment  of  all 
the  rights  of  citizens  of  the  Uni 
ted  States,  according  to  the  prin 
ciples  of  the  constitution;  and  in 
the  mean  time  shall  be  maintained 
and  protected  in  the  free  enjoy 
ment  of  their  liberty  and  proper 
ty,  and  secured  in  the  free  exer 
cise  of  their  religion  without  re 
striction. 

ARTICLE  X. 
[Stricken  out.] 

ARTICLE  XI. 

Considering  that  a  great  part 
of  the  territories  which,  by  the 
present  treaty,  are  to  be  compre 
hended  for  the  future  Within  the 
limits  of  theUnited  States,  is  now 
occupied  by  savage  tribes,  who 
will  hereafter  be  under  the  ex 
clusive  control  of  the  govern 
ment  of  the  United  States,  and 
whose  incursions  within  the  ter 
ritory  of  Mexico  would  be  pre 
judicial  in  the  extreme,  it  is  so 
lemnly  agreed  that  all  such  in 
cursions  shall  be  forcibly  re 
strained  by  the  government  of 
the  United  States  whensoever 
this  may  be  necescary;  and  that 
when  they  cannot  be  prevented, 
they  shall  be  punished  by^the 
said  government,  and  satisfaction 
for  the  same  shall  be  exacted — 
all  in  the  same  way,  and  with 
equal  diligence  and  energy,  as  if 
the  same  incursions  were  medi- 


ARTICULO  IX. 

Los  Mexicanos  que,en  los  ter 
ritories  antedichos  no  conserven 
el  caracter  de  ciudadanos  de  la  re- 
publica  Mexicana,  segun  lo  esti- 
pulado  en  el  articulo  precedente 
seran  incorporados  en  la  union  de 
los  Estados  Unidos,  y  se  admiti- 
ran  en  tiempo  oportuno  (a  juicio 
del  Congreso  de  los  Estados  Uni 
dos)  al  goce  de  todos  los  dere- 
chos  de  ciudadanos  de  los  Esta 
dos  Unidos  conforme  a  los  prin- 
cipios  de  la  constitucion;  y  en- 
tretanto  seran  mantenidos  y  pro- 
tegidos  en  el  goco  de  su  libei  tad 
y  propiedad,  y  asegurados  en  el 
libre  ejercicio  de  su  religion  sin 
restricion  alguna. 


ARTICULO  X. 
[Suprimido.] 

ARTICULO  XI. 

En  atencion  a  qne  una  gran 
parte  de  los  territories  que  por 
el  presente  tratado  van  a  quedar 
para  lo  futuro  dentro  de  los  limi- 
tes  de  los  Estado  Unidos,  se  halla 
actualmente  ooupada  por  tribus 
salvages,  que  han  de  estar  en 
adelante  bajo  la  exclusiva  auto- 
ridad  del  gobierno  de  los  Estados 
Unidos,  y  cuyas  incursiones  sobre 
los  distritos  Mexicanos  serian  en 
extreme  perjudiciales;  esla  so- 
lemnemente  convenido  que  el 
mismo  gobierno  de  los  Estados 
Unidos  contendra  las  indicadas 
incursiones  pormedio  de  la  fuer- 
za  siempre  que  asisea  necesario; 
y  cuando  no  pudiere  prevenirlas, 
castigara  y  cscarmentara  d  los 
invasores,  exiglendoles  ademas 
la  debida  reparacion:  todo  del 
mismo  modo,  y  con  la  misma  di- 
ligencia  y  energia  con  que  obra- 
ria;  si  las  incursiones  se  hubiesea 


19 


[60] 


tated  or  committed  within  its 
own  territory,  against  its  own 
citizens. 

It  shall  not  be  lawful,  under 
any  pretext  whatever,  for  any 
inhabitant  of  the  .United  States 
to  purchase  or  acquire  any  Mexi 
can,  or  any  foreigner  residing  in 
Mexico,  who  may  have  been  cap 
tured  by  Indians  inhabiting  the 
territory  of  either  of  the  two  re 
publics,  nor  to  purchase  or  ac 
quire  horses,  mules,  cattle,  or 
property  of  any  kind,  stolen  with 
in  Mexican  territory  by  such  In 
dians. 

And  in  the  event  of  any  per 
son  or  persons,  captured  within 
Mexican  territory  by  Indians,  be 
ing  carried  into  the  territory  of 
the  United  States,  the  govern 
ment  of  the  latter  engages  and 
binds  itself,  in  the  most  solemn 
manner,  so  soon  as  it  shall  know 
of  such  captives  being  within  its 
territory,  and  shall  be  able  so  to 
do,  through  the  faithful  exercise 
of  its  influence  and  power,  to 
rescue  them  and  return  them  to 
their  country,  or  deliver  them  to 
the  agent  or  representative  of 
the  Mexican  government.  The 
Mexican  authorities  will,  as  far 
as  practicable,  give  to  the  gov 
ernment  of  the  United  States  no 
tice  of  such  captures;  and  its 
agent  shall  pay  the  expenses  in- 
cu^red  in  the  maintenance  and 
transmission  of  the  rescued  cap 
tives;  who,  in  the  meantime, 
shall  be  treated  with  the  utmost 
hospitality  by  the  American  au 
thorities  at  the  place  where  they 
may  be.  But  if  the  government 
of  the  United  States,  before  re 
ceiving  such  notice  from  Mex 
ico,  should  obtain  intelligence, 
through  any  other  channel,  of 
the  existence  of  Mexican  cap 
tives  within  its  territory,  it  will 
proceed  forthwith  to  eiiect  i  eir 


meditado  6  ejecutado  sobre  ter 
ritories  suyos  6  contra  sus  pro- 
pios  cludadanos. 

A  ningun  habitanle  de  los  Es- 
tados  Unidos  sera  licito,  bajo 
ningun  pretesto,  comprar  6  ad- 
quirir  cautivo  alguno,  Mexicano 
6  extrangero,  residente  en  Mex 
ico,  apresado  por  los  Indies  habi- 
tantes  en  territorio  de  cualquiera 
de  las  dos  republicas,  ni  los  ca- 
ballos,  mulas,  ganados,  6  cual 
quiera  otro  genero  de  cosas  que 
hayan  robado  dentro  del  terri 
torio  Mexicano. 

Y  en  caso  de  que  cualquier  per 
sona  6  personas  cautivadas  por 
los  Indios  dentro  del  territorio 
Mexicano  scan  llevadas  al  terri 
torio  de  los  Sstados  Unidos,  el 
gobierno  de  dichos  Estados  Uni 
dos  se  compromete  y  liga  de  la 
manera  mas  solemne,  en  cuanlo 
le  sea  posible,  a  rescatarlas,  y  a 
restituirlas  a  su  pais,  6  entregar- 
las  al  agente  6  reprerentanta  del 
gobierno  Mexicano ;  haciendo 
todo  esto,  tan  luego  como  sepa 
que  los  dichos  cautivos  se  hallan 
dentro  de  su  territorio,  y  emple- 
ando  al  efecto  el  leal  ejercicio 
de  suj[influencia  y  poder.  Las 
autoridades  Mexicanas  daran  a 
las  de  los  Estados  Unidos,  segun 
sea  practicable,  una  noticia  de 
tales  cautivos;  y  el  agente  Mexi 
cano  pagara  los  gastos  erogados 
en  el  mantenimiento  y  remision 
de  los  que  se  rescaten,  los  cuales 
entre  tanto  se  an  tratados  con  la 
mayor  hospitalidad  por  las  auto 
ridades  Americanas  del  lugar  en 
que  se  encuentren.  Mas  si  el 
gobierno  de  los  Estados  Unidos 
antes  de  recibir  aviso  de  Mexico, 
tuviera  noticia  por  cualquiera 
otro  conducto  de  existir  en  su 
territorio  cuativos  Mexicanos, 
procedera  desde  luego  a  verificar 
su  rescate  y  entrega  al  agente 


[60] 


20 


release  and  delivery  to  the  Mexi 
can  agent  as  above  stipulated. 

For  the  purpose  of  giving  to 
these  stipulations  the  fullest  pos 
sible  efficacy,  thereby  affording 
the  security  and  redress  demand 
ed  by  their  true  spirit  and  intent, 
the  government  of  the  United 
States  will  now  and  hereafter 
pass,  without  unnecessary  delay, 
and  always  vigilantly  enforce, 
such  laws  as  the  nature  of  the 
subject  may  require.  And  finally, 
the  sacredness  of  this  obligation 
shall  never  be  lost  sight  of  by  the 
said  government  when  providing 
for  the  removal  of  the  Indians 
from  any  portion  of  the  said  ter- 
tories,  or  for  its  being  settled  by 
citizens  of  the  United  States;  but 
on  the  contrary,  special  care  shall 
be  taken  not  to  place  its  Indian 
occupants  under  the  necessity  of 
seeking  new  homes,  by  commit 
ting  those  invasions  which  the 
United  States  have  solemnly 
obliged  themselves  to  restrain. 


ARTICLE  XII. 

In  consideration  of  the  exten 
sion  acquired  by  the  boundaries 
of  the  United  States,  as  defined 
in  the  fifth  article  of  the  present 
treaty,  the  government  of  the 
United  States  engages  to  pay  to 
that  of  the  Mexican  republic  the 
sum  of  fifteen  millions  of  dollars. 

Immediately  after  this  treaty 
shall  have  been  duly  ratified  by 
the  government  of  the  Mexican 
republic,  the  sum  of  three  mil 
lions  of  dollars  shall  be  paid  to 
the  said  government  by  that  of 
the  United  States,  at  the  city  of 
Mexico,  in  the  gold  or  silver  coin 
.-of  Mexico.  The  remaining  twelve 


Mexicano,  segun    queda    conve- 
nido. 

Con  el  objeto  de  dar  a  estas 
estipulaciones  la  mayor  fuerza 
posible,  y  afianzar  al  rnismo  ti- 
enapo  la  seguridad  y  las  repara- 
ciones  que  exige  el  verdadero 
espiritu  e  intencion  con  que  se 
han  ajustado,  el  gobierno  de 
los  Estados  Unidos  dictara  sin 
iniitiles  delaciones,  ahora  y  en  lo 
de  adelante,  las  leyes  que  re- 
quiera  la  naturaleza  del  asunto, 
y  vigilara  siempre  sobresu  ejecu- 
cion.  Finalmente,  el  gobierno  de 
los  mismos  Estados  Unidos  ten- 
dra  muy  presente  la  santidad  de 
esta  obligacion  siempre  que  tenga 
que  desalojar  a  los  Indies  de 
cualquier  punto  de  los  indicados 
territorios  6  que  establecer  en  el 
a  ciudadanos  suyos:  y  cuidara 
muy  especialmente  de  que  no  se 
ponga  a  los  Indios  que  habitaban 
antes  aquel  punto,  en  necesidad 
de  buscar  nuevos  hogares  por 
medio  de  las  incursiones  sobre 
los  distritos  Mexicanos,  que  el 
gobierno  de  los  Estados  Unidos 
se  ha  comprometido  solemne- 
mente  a  reprimir. 

ARTICULO  XII. 

Enconsideracion  dla  estension 
que  adquieren  los  limites  de  los 
Estados  Unidos,  segun  quedan 
descritos  en  el  articulo  quinto  del 
presente  tradado,  el  gobierno  de 
los  mismos  Estados  Unidos  se 
compromete  a  pagar  al  de  la  re- 
publica  Mexicana  la  suma  de 
quince  millones  de  pesos. 

Inraediatamente  despues  que 
este  tratado  haya  sido  ratificado 
por  el  gobierno  de  la  republica 
Mexicana,  se  entregara  al  mismo 
gobierno  por  el  de  los  Estados 
Unidos,  en  la  ciudad  de  Mexico, 
y  en  moneda  de  plata  u  oro  del 
cuno  Mexicano  la  suma  de  tre& 
millones  de  pesos.  Los  doce 


21 


[60] 


millions  of  dollars  shall  be  paid 
at  the  same  place,  and  in  the  same 
coin,  in  annual  instalments  of 
three  millions  of  dollars  each,  to 
gether  with  interest  on  the  same 
at  the  rate  of  six  per  centum 
per  annum,  This  interest  shall 
begin  to  run  upon  the  whole  sum 
of  twelve  millions  from  the  day 
of  the  ratification  of  the  present 
treaty  by  the  Mexican  govern 
ment,  and  the  first  of  the  instal 
ments  shall  be  paid  at  the  expi 
ration  of  one  year  from  the  same 
day.  Together  with  each  annual 
instalment,  as  it  falls  due,  the 
whole  interest  accruing  on  such 
instalment  from  the  beginning 
shall  also  be  paid. 

ARTICLE    XIII. 

The  United  States  engage, 
moreover,  to  assume  and  pay  to 
the  claimants  all  the  amounts 
now  due  them.,  and  those  here 
after  to  become  due,  by  reason 
of  the  claims  already  liquidated 
and  decided  against  the  Mexican 
republic,  under  the  conventions 
between  the  two  republics  sever 
ally  concluded  on  the  eleventh 
day  of  April,  eighteen  hundred 
and  thirty-nine,  and  on  the  thir 
tieth  day  of  January,  eighteen 
hundred  and  forty-three;  so  that 
the  Mexican  republic  shall  be 
absolutely  exempt,  for  the  fu 
ture,  from  all  expense  whatever 
on  account  of  the  said  claims. 


AETICLE  XIV. 

The  United  States  do  further 
more  discharge  the  Mexican  re 
public  from  all  claims  of  citizens 
of  the  United  States,  not  hereto 
fore  decided  against  the  Mexi 
can  government,  which  may  have 
arisen  previously  to  the  date  of 
the  signature  of  this  treaty; 
which  discharge  shall  be  final 


millones  de  pesos  restantes  se 
pagaran  en  Mexico,  en  moneda 
de  plata  u  oro  del  curio  Mexi- 
cano,  en  abonos  de  tres  millones 
de  pesos  cada  ano,  con  un  redito 
de  seis  por  ciento  anual:  este 
redito  cornienza  a  correr  para 
toda  lasumade  los  doce  millones 
el  dia  de  la  ratificacion  del  pre- 
sente  tratado  por  el  gobierno 
Mexicano,  y  con  cada  abono 
anual  de  capital  se  pagara  el  re 
dito  que  corresponda  a  la  suma 
abonada.  Los  plazos  para  los. 
abonos  de  capital  corren  desde  el 
inismo  dia  ^ue  empiezan  a  cau- 
sarse  los  reditos. 


ARTICULO   XIII. 

Se  obliga  ademas  el  gobierno 
de  los  Estados  Unidos  a  tomar 
sobre  si,  y  satisfacer  cumplida- 
mente  a  los  reclamantes,  todas 
las  cantidades  que  hasta  aqui  se 
les  deben  y  cuantas  se  venzan  en 
adelante  por  razon  de  las  recla- 
maciones  ya  liquidadas  y  senten- 
ciadas  contra  la  republica  Mexi- 
cana  conforme  a  los  convenios 
ajustados  entre  ambas  repubHcas 
el  once  de  Abril  de  mil  ochoci- 
entos  treinta  y  nueve,  y  el  tre- 
inta  de  Enero  de  mil  ochocientos 
cuarenta  y  tres;  de  manera  que 
la  republica  Mexicana  nada  ab- 
solutamente  tendra  que  lasta  en 
lo  venidero,  por  razon  de  los  in- 
dicados  reclames. 

ARTICULO  XIV. 

Tambien  exoneran  los  Estados 
Unidos  a  la  republica  Mexicana 
de  todas  las  reclamaciones  de 
ciudddanos  de  los  Estados  Uni 
dos  no  decididas  aun  contra  el 
gobierno  Mexicano,  y  que  pue- 
dan  haberse  originado  antes  de 
la  fecha  de  la  firma  del  presente 
tratado:  esta  exoneracion  es  de- 


[60] 


22 


and  perpetual,  whether  the  said 
claims  be  rejected  or  be  allowed 
by  the  board  of  commissioners 
provided  for  in  the  following  ar 
ticle,  and  whatever  shall  be  the 
total  amount  of  those  allowed. 


ARTICLE  XV. 

TheUnited  States,  exonerating 
Mexico  from  all  demands  on  ac 
count  of  the  claims  of  their  citi 
zens  mentioned  in  the  preceding 
article,  and  considering  them  en 
tirely  and  forever  cancelled, 
whatever  their  amount  may  be, 
undertake  to  make  satisfaction 
for  the  same,  to  an  amount  not 
exceeding  three  and  one  quarter 
millions  of  dollars.  To  ascer 
tain  the  validity  and  amount  of 
those  claims,  a  board  of  commis 
sioners  shall  be  established  by 
the  government  of  the  United 
States,  whose  awards  shall  be 
final  and  conclusive:  .provided, 
that,  in  deciding  upon  the  vali 
dity  of  each  claim,  the  board 
shall  be  guided  and  governed  by 
the  principles  and  rules  of  deci 
sion  prescribed  by  the  first  and 
fifth  articles  of  the  unratified 
convention,  concluded  at  the 
city  of  Mexico  on  the  twentieth 
day  of  November,  one  thousand 
eight  hundred  and  forty-three; 
and  in  no  case  shall  an  award  be 
made  in  favor  of  any  claim  not 
embraced  by  these  principles  and 
rules. 

'If,  in  the  opinion  of  the  said 
board  of  commissioners,  or  of 
the  claimants,  any  books,  records, 
or  documents  in  the  possession 
or  power  of  the  government  of 
the  Mexican  republic,  shall  be 
deemed  necessary  to  the  just  de 
cision  of  any  claim,  the  commis 
sioners,  or  the  claimants  through 
them,  shall,  within  such  period 


finitiva  y  perpetua,  bien  sea  que 
las  dichas  reclamaciones  se  ad- 
mitan,  bien  sea  que  se  desechen 
por  el  tribunal  d^  comisafios  de 
que  habla  el  articulo  siguiente  y 
cualquiera  que  pueda  ser  el  mon- 
to  total  de  las  que  queden  admi- 
tidas. 

ARTICULO    XV. 

Los  Estados  Unidos,  exoner- 
ando  a  Mexico  de  toda  responsa- 
bilidad  por  las  reclamaciones  de 
sus  ciudadanos  rnencionadas  en 
el  articulo  precedente,  y  con- 
siderandolas  completamente  can- 
celadas  para  siempre,  sea  cual 
fuere  su  monto,  toman  a  su  car 
go  satisfacerlas  hasta  una  canti- 
dad  que  no  exceda  de  tres  mil- 
lones  doscientos  cincuenta  mil 
pesos.  Para  fijar  el  monto  y 
validez  de  estas  reclarcacionesy 
se  establecera  por  el  gobierno  de 
los  Estados  Unidos  un  tribunal 
de  comisarios,  cuyos  fallos  seran 
definitives  y  cOncluyentes,  cor* 
tal  que  al  decidir  sobre  la  vali 
dez  de  dichas  reclamaciones,  el 
tribunal  se  haya  guiado  y  gober- 
nado  por  los  principios  y  reglas 
de  decision  establecidos  en  los 
articulos  primero  y  quinto  de  la 
convencion,  no  ratificada,  que  se 
ajusto  en  la  ciudad  de  Mexico  el 
veinte  de  Noviembre  de  mil 
ochocientos  cuarenta  y  tres:  y 
en  ninguri  caso  se  dara  fallo  en 
favor  de  ninguna  reclamacion 
que  no  este  comprendida  en  las 
reglas  y  principios  indicados. 

Si  en  juicio  del  dicho  tribunal 
de  comisarios,  6  en  el  de  los  re- 
clamantes  se  necesitaFe  para  la 
justa  decision  de  cualquier  recla 
macion  algunos  libros,  papeles 
de  archive  6  documentos  que 
posea  el  gobierno  Mexicano,  6 
que  esten  en  su  poder;  los  com 
isarios,  6  los  reclamantes  por 
conducto  de  ellos,  los  pediran 


23 


[60] 


fis  Congress  may  designate,  make 
an  application  in  writing  ior  the 
same,  addressed  to  the  Mexican 
minister  for  foreign  affairs,  to  be 
transmitted  by  the  Secretary  of 
State  of  the  United  States;  and 
the  Mexican  government  en 
gages,  at  the  earliest  possible 
moment  after  the  receipt  of  such 
demand,  to  cause  any  of  the 
books,  records,  or  documents,  so 
specified,  which  shall  be  in  their 
possession  or  power,  (or  authen 
ticated  copies  or  extracts  of  the 
same,)  to  be  transmitted  to  the 
said  Secretary  of  State,  who 
shall  immediately  deliver  them 
over  to  the  said  board  of  com 
missioners:  Provided,  That  no 
such  application  shall,  be  made 
by,  or  at  the  instance  of,  any 
claimant,  until  the  facts,  which 
it  is  expected  to  prove  by  such 
books,  records,  or  documents, 
shall  have  been  stated  under  oath 
,or  affirmation. 

ARTICLE    XVI. 

Each  of  the  contracting  parties 
reserves  to  itself  the  entire  right 
to  fortify  whatever  point  within 
its  territory  it  may  judge  proper 
so  to  fortify,  for  its  security. 

ARTICLE  XVII. 

The  treaty  of  amity,  com 
merce,  and  navigation,  con- 
cluJed  at  the  city  of  Mexico 
on  the  fifth  day  of  April,  A.  D. 
1831,  between  the  United  States 
of  America  and  the  United  Mex 
ican  States,  except  the  additional 
article,  and  except  so  far  as  the 
stipulations  of  the  said  treaty 
may  be  incompatible  with  any 
stipulation  contained  in  the  pre 
sent  treaty,  is  hereby  revived  for 
the  period  of  eight  years  from 
the  day  of  the  exchange  of  rati- 


por  escrito  (dentro  del  plazo  que 
designe  el  Congreso)  dirigien- 
dose  al  ministro  Mexicano  de 
relacione?  exteriores,  a  quien 
transmitira  las  peticiones  de  esta 
clase  el  Secretario  de  Estado  de 
los  Estados  Unidos:  y  el  gobier- 
no  Mexicano  se  compromete  a 
entregar  a  la  mayor  brevedad 
posible,  despuesde  recibida  cada 
demanda,  los  libros,  papeles  de 
archive  6  documentos,  asi  espe- 
cificados,  que  posea  6  esten  en  su 
poder,  6  copias  6  extractos  au- 
tenticos  de  los  mismos,  con  el 
objeto  de  que  scan  transmitidos 
al  Secretario  de  Estado,  qui  en 
los  pasara  inmediatamente  al  ex- 
presado  tribunal  de  comisarios. 
Y  no  se  hara  peticion  alguna  de 
los  enunciados  libros,  papeles  6 
documentos,  por  6  a  instancia  de 
ningun  reclamante,  sin  que  antes 
se  haya  aseverado  bajo  juramento 
6  con  afirmacion  solemne  la  ver- 
dad  de  los  hechos  que  con  ellos 
se  pretende  probar. 

ARTICULO  XVI. 

Cada  una  de  las  dos  republi- 
cas  ?e  reserva  la  completa  facul- 
tad  de  fortificar  todos  los  puntos 
que  para  su  seguridad  estime 
convenientes  en  su  propio  terri- 
toiio. 

ARTICULO  XVII. 

El  tratado  de  amistad,  comer- 
cio  y  navegacion,  concluido  en 
la  ciudad  de  Mexico  el  cinco  de 
Abril,  del  ano  del  Senor  1831, 
entre  la  republica  Mexicana  y 
los  Estaclos  Unidos  de  America, 
esceptuandose  el  articulo  adici- 
onal  y  cuanto  pueda  haber  en 
sus  estipulaciones  incompatible 
con  alguna  de  las  contenidas  en 
el  presente  tratado,  queda  resta- 
blecido  por  el  periodo  de  ocho 
anos  desde  el  dia  del  cange  de 
las  ratificaciones  del  mismo  pre- 


[60] 


24 


fications  of  this  treaty,  with  the 
same  force  and  virtue  as  if  in 
corporated  therein;  it  being  un 
derstood  that  each  of  the  con 
tracting  parties  reserves  to  itself 
the  right,  at  any  time  after  the 
said  period  of  eight  years  shall 
have  expired,  to  terminate  the 
same  by  giving  one  year's  no 
tice  of  such  intention  to  the 
other  party. 

ARTICLE  XVIII. 

All  supplies  whatever  for 
troops  of  the  United  States  in 
Mexico,  arriving  at  ports  in  the  • 
occupation  of  such  troops  pre 
vious  to  the  final  evacuation 
thereof,  although  subsequently 
to  the  restoration  of  the  custom 
houses  at  such  ports,  shall  be  en 
tirely  exempt  from  duties  and 
charges  of  any  kind;  the  gov 
ernment  of  the  United  States 
hereby  engaging  and  pledging 
its  faith  to  establish,  and  vigi 
lantly  to  enforce,  all  possible 
guards  for  securing  the  revenue 
of  Mexico,  by  preventing  the 
importation,  under  cover  of  this 
stipulation,  of  any  articles  other 
than  such,  both  in  kind  and  in 
quantity,  as  shall  really  be  want 
ed  for  the  use  and  consumption 
of  the  forces  of  the  United  States 
during  the  time  they  may  re 
main  in  Mexico.  To  this  end, 
it  shall  be  the  duty  of  all  officers 
and  agents  of  the  United  States 
to  denounce  to  the  Mexican  au 
thorities  at  the  respective  ports 
any  attempt  at  a  fraudulent 
abuse  of  this  stipulation  which 
they  may  know  of  or  may  have 
reason  to  suspect,  and  to  give  to 
such  authorities  all  the  aid  in 
their  power  with  regard  thereto; 
and  every  such  attempt,  when 
duly  proved  and  established  by 
sentence  of  a  competent  tribu- 


sente  tratado,  con  igual  fuerza 
y  valor  que  si  estuviese  inserto 
en  el;  debiendo  entenderse  que 
cada  una  de  las  partes  contratan- 
tes  se  reserva  el  derecho  de  po- 
ner  termino  al  dicho  t'ratado  de 
comercio  y  navegaciou  en  cual- 
quier  tiempo  luego  que  haya  ex- 
pirado  el  periodo  de  los  ocho 
anos,  comunicando  su  intencion 
a  la  otra  parte  con  un  aiio  de  an- 
ticipacion. 

ARTICULO  XVIII. 

No  se  exigiran  derechos  ni 
gravamen  de  ninguna  blase  a  los 
articulos  todos  que  lleguen  para 
las  tropas  de  los  Estados  Uni- 
dos  a  los  puertos  Mexicanos  oc- 
cupados  por  ellas,  antes  de  la 
evacuacion  final  de  los  mismos 
puertos,  y  despues  de  la  devolu^ 
cion  a  Mexico  de  las  aduanas 
situadas  en  ellos.  El  gobierno 
de  los  Estados  Unidos  se  com- 
promete  a  la  vez,  y  sobVe  esto 
empefia  su  fe,  a  establecer  y  man- 
tener  con  vigilancia  cuantos 
guardas  scan  posibles  para  ase- 
gurar  las  rentas  de  Mexico,  pre- 
caviendo  la  importacion,  a  la 
sombra  de  esta  estipulacion,  de 
cualesquiera  articulos  que  real- 
mente  no  scan  necesarious,  6  que 
excedan  en  cantidad  de  los  que 
se  necesiten  para  el  uso  y  con- 
sumo  de  las  fuerzas  de  los  Esta 
dos  Unidos  mientras  ellas  per- 
manezcan  en  Mexico.  A  este 
efecto,  todos  los  oficiales  y  a- 
gentes  de  los  Estados  Unidos 
tendran  obligacion  de  denunciar 
a  las  autoridades  Mexicanas  en 
los  mismos,  puertos,  cualquier 
conato  de  fraudulento  abuso  de 
esta  estipulacion  que  pudieren 
conocer  6  tuvieren  motive  de 
sospechar;  asi  como  de  impartir 
&  las  mismas  autoridades  todo  el 
auxilio  que  pudieren  con  este 
objeto:  y  cualquier  conato  de 


[60] 


nal,  shall  be  punished  by  the 
confiscation  of  the  property  so 
attempted  to  be  fraudulently  in 
troduced. 


ARTICLE  XIX. 

With  respect  to  all  merchan 
dise,  effects,  and  property  what 
soever,  imported  into  ports  of 
Mexico  whilst  in  the  occupation 
of  the  forces  of  the  United 
States,  whether  by  citizens  of 
either  republic,  or  by  citizens  or 
subjects  of  any  neutral  nation, 
the  following  rules  shall  be  ob 
served: 

1.  All    such  merchandise,  ef 
fects,  and  property,  if  imported 
previously  to  the   restoration    of 
the  custom-houses  to  the  Mexican 
authorities,,  as  stipulated    for  in 
the  third  article    of  this   treaty, 
shall  be    exempt   from    confisca 
tion,   although    the    importation 
of  the  s^me  be  prohibited  by  the 
Mexican  tariff. 

2.  The  same  perfect  exemption 
shall  be  enjoyed  by  all  such  mer 
chandise,   effects,   and  property, 
imported     subsequently    to     the 
restoration  of  the  custom-houses, 
and  previously  to  the  sixty  days 
fixed  in  the  following  article  for 
the    coming    into    force    of    the 
Mexican  tariff  at  such  ports    re 
spectively;  the  said  merchandise, 
effects,  and  property  being,  how 
ever,  at  the  time  of  their  impor 
tation,  subject  to  the  payment  of 
duties,  as    provided    for   in    the 
said  following  article. 

3.  All     merchandise,    effects, 
and    property    described    in    the 
two  rules  foregoing  shall,  during 
their  continuance  at  the  place  of 
importation,  and  upon  their  leav 
ing  such  place   for  the    interior, 


esta  cle.se,  que  fu.er.e  legalmente 
probado,  y  declarado  por  senten- 
cia  de  tribunal  competente,  sera 
castigado  con  el  comiso  de  la 
cosa  que  se  haya  intentado  in- 
troducir  fraudulentamente. 

ARTICULO  XIX.  , 

Respecto  de  los  efectos,  mer- 
cancias  y  propiedades  importados 
en  los  puertos  Mexicanos  durante 
el  tiempo  que  han  estado  ocupa- 
dos  por  las  fuerzas  de  los  Esta- 
dos  Unidos,  sea  por  ciudadanos 
de  cuctlquiera  de  las  dos  repub- 
licas,  sea  por  ciudadanos  6  sub- 
ditos  de  alguna  naciori  neutral, 
se  observaran  las  reglas  siguien- 
tes: 

1.  Los  dichos  efectos,  mercan- 
cias  y    propiedades   siempre  que 
se  hayan   importado  antes   de  la 
devolucion  de  las   aduanas  a   las 
autoriades  Mexicanas   comforme 
a   lo  estipulado    en    el    articulo 
tercero  de  este  tratado,  quedaran 
libres  de  la  pena  de  corniso,  aun 
cu'indo  scan  de  los  prohibidos  en 
el  aranc6l  Mexicano. 

2.  La  misma  exencion  gozaian 
los  efectos,  mercancias  y  propie 
dades  que  lleguen  a  los   puertos 
Mexicanos;   despues  de  la  devo 
lucion  a  Mexico  de  las   aduanas 
maritimas,  y  antes  do  que    expi- 
ren    los    sesenta   dias  que   van  a 
fijarse    en  el    articulo    siguiente 
para  que  empiezea  regir  el  aran- 
c6l  Mexicano  en  los  puertos;  de- 
biendo  al  tiempo  de  su  importa- 
cion  sujetarse   los  tales    efectos, 
mercancias    y     propiedades,    en 
cuanto  al  pago  de  derechos,  a  lo 
que  en  el  indicado    siguiente  ar 
ticulo  se  establece. 

3.  Los   efectos,   mercancias  y 
propiedades    designados    en     las 
dos    reglas   anteriores    quedaran 
exentosde  todo  derecho,  alcaba- 
la  6  impuesto,  sea  bajo  el    titulo 
de  internacion,  sea  bajo  cualqui- 


[60] 


26 


be  exempt  from  all  duty,  tax,  or 
impost  of  every  kind,  under 
•whatsoever  title  or  denomination. 
Nor  shall  they  be  there  subject 
ed  to  any  charge  whatsoever  up 
on  the  sale  thereof. 

4.  All     merchandise,     effects, 
and  property,   described   in    the 
first     and    second     rules,    which 
shall  have  been  removed  to   any 
place  in  the  interior  whilst  such 
place  was  in   the    occupation    of 
the  forces  of  the  United  States, 
shall,  during    their    continuance 
therein,  be  exempt  from    all  tax 
upon    the    sale    or    consumption 
thereof,  and  from  every  kind  of 
impost    or     contribution,     under 
whatsoever    title    or    denomina 
tion. 

5.  But  if  any  merchandise,  ef 
fects,  or  property,    described    in 
the  first  and  second   rules,    shall 
be  removed  to  any  place  not  oc 
cupied  at  the  time  by  the  forces 
of  the  United  States,  they  shall, 
upon  their  introduction  into  such 
place,  or  upon  their  sale  or  con 
sumption  there,  be  subject  to  the 
same    duties    which,    under    the 
Mexican  laws,  they  would  be  re 
quired  to    pay  in    such    cases   if 
they  had  been   imported  in  time 
of  peace,  through   the  maritime 
custom-houses,    and    had     there 
pairl  the  duties  conformably  with 
the  Mexican  tariff. 

6.  The  owners  of  all  merchan 
dise,     effects,     or    property    de 
scribed  in   the  first   and    second 
rules,  and   existing   in    any  port 
of  Mexico,  shall  have  the  right 
to  reship  the  same,  exempt  from 
all  tax,  impost,  or  contribution 
•whatever. 

With  respect  to  the  metals,  or 
other  property,  exported  from 
any  Mexican  port  whilst  in  the 
occupation  of  the  forces  of  the 
United  States,  and  previously  to 
the  restoration  of  the  custom- 


era  otro,  mientras  permenezcan 
en  los  puntos  donde  se  hayan 
importado,  y  a  su  salida  para  el 
interior-  y  en  los  mismos  pun 
tos  no  podra  jamas  exigirse 
impuesto  alguno  sobre  su  \eiua. 
4.  Los  efectos,  mercancias,  y 
propiedades,  designados  en  las 
reglas  primera  y  segunda  que 
hayan  sido  internados  a  cualquier 
lugar  ocupado  por  fuerzas  de  los 
Estados  Unidos,  quedaran  exen- 
tos  de  todo  derecho  sobre  su 
venta  6  consume,  y  de  todo  im 
puesto  6  contribucion  bajo  cual 
quier  titulo  6  denominacion? 
mientras  permanezcan  en  61  mis- 
mo  lugar. 


5.  Mas     si     algunos     efectos, 
mercancias  6  propiedades  de   los 
designados  en  las  reglas  primera 
y  segunda  se  trasladaren  a  algun 
lugar  no  ocupado  a  la  sazon  por 
las  fuerzas    de   los   Estado?  Uni 
dos;  al  introducirse  a  tal    lugar, 
6  al  venderse  6  consurnirse  en  el 
quedaran    sujetos    a  los    mismos 
derechos  que  bajo  las  leyes  Mex- 
icanas  deberian    pagar    en    tales 
casos  si  se    hubie*ran    importado 
en  tiempo  depaz  por  las  aduanas 
maritimas,  y  hubiesen  pagado  en 
ellas  los  derechos  que  es-Ublece 
el  arance"!  Mexicano. 

6.  Los  duenos  de  efectos,  mer 
cancias,  y  propiedades  designa 
dos  en  las   reglas  primera  y  se 
gunda,  y  existentes  en  algun  pu- 
erto   de  Mexico,   tienen  derecho 
de  reembarcarlos,   sin  que  pueda 
exigirseles  ninguna  clase  de  im 
puesto,  alcabala  6  contribucion. 

Respecto  de  los  metales  y  de 
toda  otra  propiedad  exportados 
por  cualquier  puerto  Mexicano 
durante  su  ocupacion  por  las  fu 
erzas  Americanas,  y  antes  de  la 
devolution  de  su  aduana  al  go- 


louse  at  such  port,  no  person 
shall  be  required  by  the  Mexican 
authorities,  whether  general  or 
State,  to  pay  any  tax,  duty,  or 
contribution  upon  any  such  ex 
portation,  or  in  any  manner  to 
account  lor  the  same  to  the  said 
authorities. 

ARTICLE  XX. 

Through  consideration  for  the 
interests  of  commerce  genera1^; 
it  is  agreed,  that  if  less  than 
sixty  days  should  elapse  between 
the  date  of  the  signature  of  this 
treaty  and  the  restoration  of  the 
custom-houses,  conformably  with 
the  stipulation  in  the  third  arti 
cle,  in  such  case  all  merchandise, 
effects,  and  property  whatsoever, 
arriving  at  the  Mexican  ports 
after  the  restoration  of  the  said 
custom-houses,  and  previously 
to  the  expiration  of  sixty  days 
after  the  day  of  the  signature  of 
this  treaty,  shall  be  admitted  to 
entry;  and  no  other  duties  shall 
be  levied  thereon  than  the  duties 
established  by  the  tariff  found  in 
force  at  such  custom-houses  at 
the  time  of  the  restoration  of  the 
same.  And  to  all  such  merchan 
dise,  effects,  and  property,  the 
rules  established  by  the  prece 
ding  article  shall  apply. 

ARTICLE  XXI. 

If  unhappily  any  disagreement 
should  hereafter  arise  between 
the  governments  of  the  two  re 
publics,  whether  with  respect  to 
the  interpretation  of  any  stipu 
lation  in  this  treaty,  or  with  re 
spect  to  any  other  particular 
concerning  the  political  or  com 
mercial  relations  of  the  two  na 
tions,  the  said  government,  in 
the  name  of  those  nations,  do 
promise  to  each  other  that  they 
will  endeavor,  in  the  most  sin- 


[  60  ] 

bierno  Mexicano,  no  se  exigira 
a  ninguna  persona  por  las  autor- 
idades  de  Mexico^  ya  dependan 
del  gobierno  general,  ya  de  algun 
estado  que  pague  ningun  impu- 
esto,  alcabala  6  derecho  por  la 
indicada  exportacion,  ni  sobre 
ella  podra  exigirsele  por  las  di- 
chas  autoridades  cuenta  alguna. 

ARTICULO  XX. 

For  consideracion  a  los  inter- 
6ses  del  comercia  de  todas  las 
naciones,  queda  convenido  que 
si  pasaren  menos  de  sesenta  dias 
desde  la  fecha  de  lafirma  de  este 
tratado  hasta  que  se  haga  la  dev 
olucion  de  las  aduanas  mariti- 
maSj  segun  lo  estipulado  en  el 
articulo  tercero;  todos  los  efec- 
tos,  mercancias,  y  propiedades 
que  lleguen  a  los  puertos  Mexi- 
canos  desde  el  dia  en  que  se  ver- 
ifique  la  devolucion  de  las  dichas 
aduanas  hasta  que  se  completen 
sesenta  dias  contados  desde  la 
fecha  de  la  firma  del  presente 
tratado,  se  admitiran  no  pagando 
otros  derechos  que  los  estableci- 
dos  en  la  tarifa  que  est6  vigente 
en  las  expresadas  aduanas  al  ti- 
empo  de  su  devolucion,  y  se  ex- 
tenderan  a  dichos  efectos,  mer 
cancias,  y  propiedades  las  mis- 
mas  reglas  establecidas  en  el  ar 
ticulo  anterior. 

ARTICULO  XXI. 

Si  desgraciadamente  en  el  ti- 
empo  future  se  suscitare  algun 
punto  de  desacuerdo  entre  los 
gobiernos  de  las  dos  republicas, 
bien  sea  sobre  la  inteligencia  de 
alguna  estipulacion  de  este  tra 
tado,  bien  sobre  cualquiera  otra 
materia  de  las  relaciones  politi- 
cas  6  comerciales  de  las  dos  na 
ciones,  los  mismos  gobiernos,  a 
nombre  de  ellas,se  comprometen 
a  procurar  de  la  manera  mas  sin- 
cera  y  empenosa  a  llanar  las  dif- 


[60] 


cere  and  earnest  manner,  to  set 
tle  the  differences  so  arising, 
and  to  preserve  the  state  of 
peace  and  friendship  in  which 
the  two  countries  are  now  placing 
themselves;  using,  for  'this  end, 
mutual  representations  and  pa 
cific  negotiations.  And  if,  by 
these  means,  they  should  not  be 
enabled  to  come  to  an  agree 
ment,  a  resort  shall  not,  on  this 
account,  be  had  to  reprisals,  ag 
gression,  or  hostility  of  any 
kind, .by  the  one  republic  against 
the  other,  until  the  government 
of  that  which  deems  itself  ag 
grieved  shall  have  maturely  con 
sidered,  in  the  spirit  of  peace 
and  good  neighborship,  whether 
it  would  not  be  better  that  such 
difference  should  be  settled  by 
the  arbitration  of  commissioners 
appointed  on  each  side,  or  by 
that  of  a  friendly  nation.  And 
should  such  course  be  proposed 
by  either  party,  it  shall  be  ac 
ceded  to  by  the  other,  unless 
deemed  by  it  altogether  incom 
patible  with  the  nature  of  the 
difference,  or  the  circumstances 
of  the  case. 

ARTICLE  XXII. 

If  (which  is  not  to  tbe  expect 
ed,  and  which  God  forbid!)  war 
should  unhappily  break  out  be 
tween  the  two  republics,  they 
do  now,  with  a  view  to  such  ca 
lamity,  solemnly  pledge  them 
selves  to  each  other  and  to  the 
world,  to  observe  the  following 
rules:  absolutely,  where  the  na 
ture  of  the  subject  permits,  and 
as  closely  as  possible  in  all  cases 
where  such  absolute  observance 
shall  be  impossible: 


1.  The  merchants  of  either  re 
public  then  residing  in  the  other 
shall  be  allowed  to  remain 


erencias  que  se  presenten  y  con- 
servar  el  estado  de  paz  yamistad 
en  que  ahora  se  ponen  los  dos 
paises,  usando  al  efecto  de  rep- 
resentaciones  mutuas  y  de  nego- 
ciaciones  pacificas.  Y  si  por 
estos  medios  no  se  lograre  toda- 
via  ponerse  de  acuerdo  no  por 
eso  se  apelara  a  represalia,  agre- 
sion  ni  hostilidad  de  ningun  gen- 
ero  de  una  republica  contra  otra, 
hasta  que  el  gobierno  de  la  que 
Se  crea  agraviada  haya  consider- 
ado  maduramente  y  en  espiritu 
de  paz  y  buena  vecindad,  si  no 
seria  mejor  que  la  diferencia  se 
terminara  por  un  arbitramento 
de  comisarios  nombrados  por 
ambas  partes,  6  de  una  nacion 
amiga.  Y  si  tal  medio  fuere  pro- 
puesto  por  cualquiera  de  las  dos 
partes,  la  otra  accedera  a  el,  a 
no  ser  que  lo  juzgue  absoluta- 
mente  incompatible  con  la  natu- 
raleza  y  circunstancias  del  caso. 


ARTICULO  XXII. 

Si  (lo  que  no  es  de  esperarse, 
y  Dios  no  permita)  desgraciada- 
mente  se  suscitare  guerra  entre 
las  dos  republicas,  estas  para  el 
caso  de  tal  calamidad  se  com- 
prometen  ahora  solemnemente, 
ante  si  mismas  y  ante  el  mundo, 
a  observar  las  reglas  signientes 
de  una  manera  absoluta  si  la 
naturaleza  del  objeto  a  que  se 
contraen  lo  permite;  y  tan  ex- 
trictamente  como  sea  dable  en 
todos  los  casos  en  que  la  abso 
luta  observancia  de  ellas  fue>e 
imposible: 

1.  Los  coinerciantes  de  cada 
una  de  las  dos  republicas  que  a 
la  sazoa  residan  en  territorio  de 


29 


[60] 


twelve  months,  (for  those  dwel 
ling  in  the  interior,)  and  six 
months,  (for  those  dwelling  at 
the  seaports,)  to  collect  their 
debts  and  settle  their  affairs, 
during  which  periods  they  shall 
enjoy  the  same  protection,  and 
be  on  the  same  footing,  in  all 
respects,  as  the  citizens  or  sub 
jects  of  the  most  friendly  na 
tions;  and,  at  the  expiration 
thereof,  or  any  time  before, 
they  shall  have  full  liberty  to 
depart,  carrying  off  all  their  ef 
fects  without  molestation  or  hin- 
derance:  conforming  therein  to 
the  same  laws  which  the  citizens 
or  subjects  of  the  most  friendly 
nations  are  required  to  conform 
to.  Upon  the  entrance  of  the 
armies  of  either  nation  into  the 
territories  of  the  other,  women 
and  children,  ecclesiastics, schol 
ars  of  every  faculty,  cultivators 
of  the  earth,  merchants,  artisans, 
manufacturers,  and  fishermen, 
unarmed  and  inhabiting  unfor 
tified  towns,  villages,  or  places, 
and  in  general  all  persons  whose 
occupations  are  for  the  common 
subsistence  and  benefit  of  man 
kind,  shall  be  allowed  to  con 
tinue  their  respective  employ 
ments  unmolested  in  their  per 
sons.  Nor  shall  their  houses  or 
goods  be  burnt  or  otherwise  de 
stroyed,  nor  their  cattle  taken, 
nor  their  fields  wasted,  by  the 
armed  force  into  whose  power, 
by  the  events  of  war,  they  may 
happen  to  fall;  but  if  the  neces 
sity  arise  to  take  anything  from 
them  for  the  use  of  such  armed 
force,  the  same  shall  be  paid  for 
at  an  equitable  price.  All 
churches,  hospitals,  schools,  col 
leges,  libraries,  and  other  estab 
lishments,  for  charitable  and 
beneficent  purposes,  shall  be  re 
spected,  and  all  persons  connect 
ed  with  the  same  protected  in 


la  otra,  podran  permanecer  doce 
meses  los  que  residan  en  el  inte 
rior,  y  seis  meses  los  que  resi 
dan  en  los  puertos,  para  recoger 
sus  deudas  y  arreglar  sus  nego- 
cios;  durante  estos  plazos  dispu- 
taran  la  misma  proteccion  y  es- 
taran  sobre  el  mismo  pie  en  to- 
dos  respectos  que  los  ciudadanos 
6  subditos  de  las  riaciones  mas 
amigas;  y  al  expirar  el  terminoj 
6  antes  de  el,  tendran  completa 
libertad  para  salir  y  llevar  todos 
sus  efectos  sin  molestia  6  emba- 
razo,  sujetandose  en  este  partic 
ular  a  las  mismai  leyes  a  que 
estan  sujetos,  y  deban  arreglarse 
los  ciudadanos  6  subditos  de  las 
naciones  mas  amigas.  Cuando 
los  ejercitos  de  una  de  las  dos 
naciones  entren  en  territories  de 
la  otra,  las  mujeres  y  ninos,  les 
ecclesiasticos,  los  estudiantes  de 
cualquier  facultad,  los  labra- 
dores,  comerciantes,  artesanos, 
manufacturers,  y  pescadores  que 
esten  desarmados  y  residan  en 
ciudades,  pueblos,  6  lugares  no 
fortificados,  y  en  general  todas 
las  personas  cuya  ocupacion  sirva 
para  la  comun  subsistencia  y 
beneficio-  del  genero  humano, 
podran  continuar  en  sus  ejerci- 
cios,  sin  que  sus  personas  sean 
molestadas.  No  seran  incendia- 
das  sus  casas  6  bienes,  6  destrui- 
dos  de  otra  manera;  ni  seran  to 
rnados  sus  ganados,  ni  devasta- 
dos  sus  campos  por  la  fuerzs  ar 
mada  en  cuyo  poder  puedan  ve- 
nir  a  caer  por  los  acontecimien- 
tos  de  la  guerra;  pero  si  hubiere 
necesidad  de  tomarles  alguna 
cosa  para  el  us©  de  la  misma 
fuerza  armada,  se  les  pagara  lo 
tornado  ii  un  precio  justo.  To 
das  las  iglesias,  hospitales,  escu- 
elas,  colegios,  librerias,  y  demas 
establecimientos  de  caridad  y 
beneficencia  seran  respetados;  y 
todas  las  personas  que  dependan 


[60] 


30 


the  discharge  of  their  duties3  and 
the  pursuit  of  their  vocations. 


2.  In  order  that  the  fate  of 
prisoners  of  war  may  be  allevia 
ted,  all  such  practices  as  those 
of  sending  them  into  distant,  in 
clement,  or  unwholesome  dis 
tricts,  or  crowding  them  into 
close  and  noxious  places,  shall 
be  studiously  avoided.  They 
shall  not  be  confined  in  dungeons, 
prison-ships,  or  prisons;  nor  be 
put  in  irons,  or  bound,  or  other 
wise  restrained  in  the  use  of  their 
limbs.  The  officers  shall  enjoy 
liberty  on  their  paroles,  within 
convenient  districts,  and  have 
comfortable  quarters;  and  the 
common  soldiers  shall  be  dis 
posed  in  cantonments,  open  and 
extensive  enough  for  air  and  ex 
ercise,  and  lodged  in  barracks 
as  roomy  and  good  as  are  pro 
vided  by  the  party  in  whose 
power  they  are  for  its  own  troops. 
JBut  if  any  officer  shall  break  his 
parole  by  leaving  the  district  so 
assigned  him,  or  any  other  pris 
oner  shall  escape  from  the  limits 
of  his  cantonment,  after  they 
shall  have  been  designated  to 
him,  such  individual,  officer,  or 
other  prisoner,  shall  forfeit  so 
much  of  the  benefit  of  this  ar 
ticle  as  provides  for  his  liberty 
on  parole  or  in  cantonment. 
And  if  any  officer  so  breaking 
his  parole,  or  any  common  sol 
dier  so  escaping  from  the  limits 
assigned  him,  shall  afterwards 
be  found  in  arms,  previously  to 
his  being  regularly  exchanged, 
the  person  so  offending  shall  be 
dealt  with  according  to  the  es 
tablished  laws  of  war.  The  of 
ficers  shall  be  daily  furnishf  d  by 
the  party  in  whose  power  they 
are  with  as  DC  any  rations,  and 
of  the  same  articles,  as  are  ai 


de  los  mismas  serati  protegidas 
en  el  desempeno  de  sus  deberes 
y  en  la  continuacion  de  sus  pro- 
fesiones. 

2.  Para  aliviar  la  suerte  de  los 
prisioneros  de  guerra  se  evitaran 
cuidadosamente,  las  praticas  de 
cnviarlos  a  distritos  distantes, 
inclementes  6  malsanos,  6  de  ag- 
lomerarlos  en  lugares  estrechos 
y  enfirmizos.  No  se  confinaran, 
en  calabosos,  prisiones  ni  pon- 
tones;  no  se  les  aherrojara  ni  se 
les  atara,  ni  se  les  impedira  de 
ningun  otro  modo  el  uso  de  sus 
miembros.  Los  onciales  que  da- 
ran  en  libertad  bajo  su  palabra 
de  honor,  dentro  de  distritos 
convenientes  y  tendran  alojami- 
entos  comedos;  y  los  soldados 
rasos  se  colocaran  en  acantona- 
mientos  bastante  despejados  y 
extensos  para  la  ventilacion  y  el 
ejercicio,  y  se  alojaran  en  cuar- 
teles  tan  amplios  y  comedos  como 
los  que  use  para  sus  propias  tro 
pes  la  parte  que  los  tenga  en  su 
poder.  Pero  si  algun  oficial  fal- 
tare  a  su  palabra,  saliendo  del 
distrito  que  se  le  ha  senalado;  6 
algun  otro  prisionero  se  fugare 
de  los  limites  de  su  acantonami- 
ento  despues  que  cstos  se  Jes 
hayan  fijado,  tal  oficial  6  prision 
ero  perdera  el  beneficio  del  pre- 
sente  articulo  por  lo  que  inera  a 
su  libertad  bajo  su  palabra  6  en 
acantonamiento.  Y  si  algun  ofi 
cial  faltando  asi  a  su  palabra,  6 
algun  soldado  raso  saliendo  de 
los  limites  que  se  Je  han  asig- 
nado,  fuere  encontrado  despues 
con  las  armaa  en  la  mano  antes 
de  ser  debidamente  cangeado, 
tal  persona  en  esta  actitud  ofen- 
siva  sera  tradada  conforme  a  las 
leyes  comunes  de  la  guerra.  A 
los  oficiales  se  proveera  diaria- 
mente  por  la  parte  en  cuyo  po 
der  esten,  de  tantas  raciones  com- 
puestas  de  los  misiaos  articulos 


31 


[60] 


lowed,  either  in  kind  or  by  com 
mutation,  to  officers  of  equal 
rank  in  its  own  army;  and  all 
others  shall  be  daily  furnished 
with  such  ration  as  is  allowed  to 
a  common  soldier  in  its  own  ser 
vice:  the  value  of  all  which 
supplies  shall,  at  the  close  of  the 
war,  or  at  periods  to  be  agreed 
upon  between  the  respective 
commanders,  be  paid  by  the 
other  party,  on  a  mutual  adjust 
ment  of  accounts  for  subsistence 
of  prisoners;  and  such  accounts 
shall  not  be  mingled  with  or  set 
off  against  any  others,  nor  the 
balance  due  on  them  be  with 
held,  as  a  compensation  or  re 
prisal  for  any  cause  whatever, 
real  or  pretended.  Each  party 
shall  be  allowed  to  keep  a  com 
missary  of  prisoners,  appointed 
by  itself,  with  every  cantonment 
of  prisoners,  in  possession  of 
the  other;  which  commissary 
shall  see  the  prisoners  as  often 
as  he  pleases;  shall  be  allowed 
to  receive,  exempt  from  all  du 
ties  or  taxes,  and  to  distribute, 
whatever  comforts  may  be  sent 
to  them  by  their  friends;  and 
shall  be  free  to  transmit  his  re 
ports  in  open  letters  to  the  party 
by  whom  he  is  employed. 


And  it  is  declared  that  neither 
the.  pretence  that  war  dissolves 
all  treaties,  nor  any  other  what 
ever,  shall  be  considered  as  an 
nulling  or  suspending  the  solemn 
covenant  contained  in  this  ar 
ticle.  On  the  contrary,  the  state 
of  war  is  precisely  that  for 
which  it  is  provided;  and  during 
which,  its  stipulations  are  to  be 
as  sacredly  observed  as  the  most 
acknowledged  obligations  under 
the  law  of  nature  or  nations. 


como  las  que  gozan  en  especie  6 
en  equivalente  los  oficiales  de  la 
misma  graduacior  en  su  propio 
ejercito:  a  todos  los  demas  pris- 
ioneros  se  proveera  diariamente 
de  una  racion  semejante  a  la  que 
sc  ministra  al  soldado  raso  en  su 
propio  servicio:  el  valor  de  to- 
das  estas  suministraciones  se  pa- 
gara  por  la  otra  parte  al  con- 
cluirse  la  guerra,  6  en  los  perio- 
dos  que  se  convengan  entre  sus 
respectivos  comandantes,  prece- 
diendo  una  mutua  liquidacion  de 
las  cuentas  que  se  lleven  del 
mantenimiento  de  prisioneros:  y 
tales  cuentas  no  se  mezclaran  ni 
compensaran  con  otras;  ni  el  sal- 
do  que  resulte  de  ellas,  se  reu- 
sara  bajo  pretesto  de  compensa- 
cion  6  represalia  por  cualquiera 
causa,  real  6  figurada.  Cada  una 
de  las  partes  podra  mantener  un. 
comisario  de  prisioneros  nom- 
brador  por  ella  misma  en  cada 
acantonamiento  de  los  prisione 
ros  que  esten  en  poder  de  la 
otra  parte:  este  romisario  visi- 
tara  a  los  prisioneros  siempre 
que  quiera;  tendra  facultad  de 
recibar,  libres  de  todo  derecho  6 
impuesto,  y  de  distribuir  todos 
los  auxilios  que  pueden  envi- 
arles  sus  amigos,  y  podra  libre- 
mente  transmitir  sus  partes  en 
cartas  abiertas  a  la  autoridad  por 
la  cual  esta  empleado. 

Y  se  declara  que  ni  el  pretesto 
de  que  la  guerra  destruye  los 
tratados,  ni  otro  alguno,  sea  el 
que  fuere,  se  considerara  que 
anula  6  suspende  el  pacto  sol- 
emne  contenido  en  este  articulo. 
Por  el  contrario,  el  estado  de 
guerra  es  cabalmente  el  que  se 
ha  tenido  presents  al  ajustarlo, 
y  durante  el  cual  sus  estipula- 
ciones  se  han  de  observar  tan 
santamente  como  las  obligaci- 
ones  mas  reconocidas  de  .a  ^ey 
natural  6  de  gentes. 


[60] 


ARTICLE  XXIII. 

This  treaty  shall  be  ratified  by 
the  President  of  the  United  States 
of  America,  by  and  with  the  ad 
vice  and  consent  of  the  Senate 
thereof;  and  by  the  President  of 
the  Mexican  republic,  with  the 
previous  approbation  of  its  gen 
eral  Congress:  and  the  ratifica 
tions  shall  be  exchanged  in  the 
city  of  Washington,  or  at  the 
seat  of  government  of  Mexico,  in 
four  months  from  the  date  of  the 
signature  hereof,  or  sooner  if 
practicable. 

In  faith  whereof,  we?  the  re 
spective  plenipotentiaries,  have 
signed  this  •  treaty  of  peace, 
friendship,  limits,  and  settle 
ment;  and  have  hereunto  affixed 
our  seals  respectively.  Done  in 
quintuplicate,  at  the  city  of  Gua- 
dalupe  Hidalgo,  on  the  second 
day  of  February,  in  the  year  of 
our  Lord  one  thousand  eight  hun 
dred  and  forty-eight. 

N.  P.  TRIST,  [L.  s. 

LUIS  G.  CUEVAS,        [L.  s. 

BERNARDO  COUTO,  |L.  s. 

MIGL.  ATRISTAIN,     [L.  s. 


ARTICULO  XXIII. 

Este  tratado  sera  ratificado  por 
el  Presidente  de  la  republica 
Mexicans,  previa  la  aprobacion 
de  su  Congreso  General;  y  por 
el  Presidente  de  los  EstadosUni- 
dos  de  America  con  el  consejo  y 
consentimiento  del  Senado;  y  las 
ratificaciones  se  cangearan  en  la 
ciudad  de  Washington,  6  donde 
estuviere  el  gobierno  Mexicano, 
a  los  cuatro  meses  de  la  fecha  de 
la  firma  del  mismo  tratado,  6 
antes  si  fuere  posible. 

En  f£  de  lo  cual,  nosotros  los 
respectivos  plenipotenciarios  he- 
mos  firmado  y  sellado  por  quin- 
tuplicado  este  tratado  de  paz, 
amistad,  limites  y  arreglo  defini- 
tivo,  en  la  ciudad  de  Guadalupe 
Hidalgo,  el  dia  dos  de  Febrero 
del  ano  de  nuestro  Senor  mil  * 
ochocientos  cuarenta  y  ocho. 


BERNARDO  COUTO, 
MIGL.  ATRISTAIN, 
LUIS  G.  CUEVAS, 
N.  P.  TRIST, 


L.  S. 
L.  S, 
L.  S, 
L.  S, 


And  whereas  the  said  treaty,  as  amended,  has  been  duly  ratified 
on  both  parts,  and  the  respective  ratifications  of  the  same  were  ex 
changed  at  Queretaro  on  the  thirtieth  day  of  May  last,  by  Ambrose 
H.  Sevier  and  Nathan  Clifford,  commissioners  on  the  part  of  the 
government  of  the  United  States,  and  by  Senor  Don  Louis  de  la 
Rosa,  Minister  of  Relations  of  the  Mexican  republic,  on  the  part 
of  that  government. 

Now,  therefore,  be  it  known,  that  I,  JAMES  K.  POLK,  Presi 
dent  of  the  United  States  of  America,  have  caused  the  said  treaty, 
to  be  made  public,  to  the  end  that  the  same,  and  every  clause  and 
article  thereof,  may  be  observed  and  fulfilled  with  good  faith  by 
the  United  States  and  the  citizens  thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

*******  Done  at  the.  city  of  Washington,  this  fourth  day  of  July, 
j  s.  L.  J       one  thousand  eight  hundred  and  forty-eight,  and  of  the 
independence  of  the  United  States  the  seventy-third. 

JAMES  K.  POLK, 
By  the  President: 

JAMES  BUCHANAN^  Secretary  of  State, 


33  [  60  ] 


•   LIST. 

Mr.  Buchanan  to  Mr.  Slidell,  November  10, 1845. 
Mr.  Buchanan  to  Mr.  Trist,  April  15,  1847. 
Mr.  Trist  to  Mr.  Buchanan,  (extract,)  June  3,  1847. 
Mr.  Buchanan  to  Mr.  Trist,  (extract,)  June  14,  1847. 
The  same  to  the  same,  (extract,)  July  13,  1847. 
The  same  to  the  same,  (extract,)  July  19,  1847. 
The  same  to  the  same,  October  6,  1847. 
The  same  to  the  same,  October  25,  1847. 

Mr.  de  la  Rosa  to  Mr.  Trist,  (translation,)  October  31,  1847. 
Mr.  Trist  to  Mr.  Buchanan,  November  27,  1847. 
Mr.  Trist  to  a  confidential  friend  at  Queretaro,  December  4, 1847. 
Mr.  Buchanan  to  the  Minister  of  Foreign  Relations  of  the  Mexi 
can  Republic,  March  18,  1848. 

Messrs.  Sevier  and  Clifford  to  Mr.  Buchanan,  May  25,  1848. 
Messrs.  Sevier  and  Clifford  to  Mr.  Buchanan,  May  30,  1848. 
Mr.  Clifford  to  Mr.  Buchanan,  June  12,  1848. 


4 

Mr.  Buchanan  to  Mr.  Slidell. 

[No.  1,]  DEPARTMENT  OF  STATE, 

Washington,  November  10,  1845. 

SIR:  I  transmit,  herewith,  copies  of  a  despatch  addressed  by  me, 
under  date  the  17th  September,  1845,  to  John  Black,  esq.,  consul 
of  the  United  States  at  the  city  of  Mexico;  of  a  note  written  by  the 
consul  to  the  Mexican  Minister,  for  Foreign  Affairs,  dated  October 
13,  1845;  and  of  the  answer  of  that  minister,  under  date  October 
15,  1845. 

From  these  papers  you  will  perceive  that  the  Mexican  govern 
ment  have  accepted  the  overture  of  the  President,  for  settling  all 
the  questions  in  dispute  between  the  two  republics  by  negotiation; 
and  that  consequently  the  contingency  has  occurred  in  which  your 
acceptance  of  the  trust  tendered  to  you  by  the  President  is  to  take 
effect.  You  will  therefore  repair  without  delay  to  your  post,  and 
present  yourself  to  the  Mexican  government  as  the  envoy  extraor 
dinary  and  minister  plenipotentiary  of  the  United  States. 

In  the  present  crisis  of  the  relations  between  the  two  countries, 
the  office  for  which  you  have  been  selected  is  one  of  vast  import 
ance.  To  counteract  the  influence  of  foreign  powers  exerted  against 
the  United  States  in  Mexico,  and  to  restore  those  ancient  relations 
of  peace  and  good  will  which  formerly  existed  between  the  govern 
ments  and  the  citizens  of  the  sister  republics,  will  be  principal  ob 
jects  of  your  mission.  The  wretched  condition  of  the  internal  af 
fairs  of  Mexico,  and  the  misunderstanding  which  exists  between 
her  government  and  the  ministers  of  France  and  England,  seem  to 
render  the  present  a  propitious  moment  for  the  accomplishment  of 
3 


[60] 


34 


these  objects.  From  your  perfect  knowledge  of  the  language  of 
the  country,  your  well-known  firmness  and  ability,  and  your  taste 
and  talent  for  society,  the  President  hopes  that  you  will  accomplish 
much  in  your  intercourse  with  the  Mexican  authorities  and  people. 
The  early  and  decided  stand  which  the  people  of  the  United  States 
and  their  government  took  and  maintained  in  favor  of  the  inde 
pendence  of  the  Spanish  American  republics  on  this  continent,  se 
cured  their  gratitude  and  good  will.  Unfortunate  events  have  since 
estranged  from  us  the  sympathies  of  the  Mexican  people.  They 
ought  to  feel  assured  that  their  prosperity  is  our  prosperity;  and 
that  we  cannot  but  have  the  strongest  desire  to  see  them  elevated, 
under  a  free,  stable,  and  republican  government,  to  a  high  rank 
among  the  nations  of  the  earth. 

The  nations  on  the  continent  of  America  have  interests  peculiar 
to  themselves.  Their  free  forms  of  government  are  altogether  dif 
ferent  from  the  monarchical  institutions  of  Europe.  The  interests 
and  the  independence  of  these  sister  nations  require  that  they  should 
establish  and  maintain  an  American  system  of  policy  for  their  own 
protection  and  security,  entirely  distinct  from  that  which  has  so 
long  prevailed  in  Europe.  To  tolerate  any  interference  on  the  part 
of  European  sovereigns  with  controversies  in  America — to  permit 
them  to  apply  the  worn-out  dogma  of  the  balance  of  power  to  the 
free  States  on  this  continent — and,  above  all,  to  suffer  them  to  es 
tablish  new  colonies  of  their  own,  intermingled  with  our  free  repub 
lics,  would  be  to  make  to  the  same  extent  a  voluntary  sacrifice  of 
our  independence.  These  truths  ought  everywhere  throughout  the 
continent  of  America  to  be  impressed  on  the  public  rnind.  If, 
therefore,  in  the  course  of  your  negotiations  with  Mexico,  that  gov 
ernment  should  propose  the  mediation  o,r  guarantee  of  any  Euro 
pean  power,  you  are  to  reject  the  proposition  without  hesitation. 
The  United  States  will  never  afford,  by  their  conduct, t  e  slightest 
pretext  for  any  interference  from  that  quarter  in  American  concerns. 
Separated  as  we  are  from  the  Old  World  by  a  vast  ocean,  and  still 
further  removed  from  it  by  the  nature  of  our  political  institutions, 
the  march  of  free  government  on  this  continent  must  not  be  tram 
melled  by  the  intrigues  and  selfish  interests  of  European  powers. 
Liberty  here  must  be  allowed  to  work  out  its  natural  results;  and 
these  will  ere  long  astonish  the  world. 

Neither  is  i1>  for  the  interest  of  those  powers  to  plant  colonies  on 
this  continent.  No  settlements  of  the  kind  can  exist  long.  The 
expansive  energy  of  free  institutions  must  soon  spread  over  them. 
The  colonists  themselves  will  break  from  the  mother  country,  to 
become  free  and  independent  States.  Any  European  nati6n  which 
should  plant  a  new  colony  on  this  continent  would  thereby  sow  the 
seeds  of  troubles  and  of  wars,  the  injury  from  which,  even  to  her 
own  interests,  would  far  outweigh  all  the  advantages  which  she 
could  possibly  promise  herself  from  any  such  establishment. 

The  first  subject  which  will  demand  your  attention  is  the  claims 
of  our  citizens  on  Mexico.  It  would  be  useless  here  to  trace  the 
history  of  these  claims,  and  the  outrages  from  which  they  spring. 
The  archives  of  your  legation  will  furnish  all  the  necessary  informa- 


35  [  60  ] 

tion  on  this  subject.  The  history  of  no  civilized  nation  presents, 
in  so  short  a  period  of  time,  so  many  wanton  attacks  upon  the  rights 
of  persons  and  property  as  have  been  endured  by  citizens  of  the 
United  States  from  the  Mexican  authorities.  These-  never  would 
have  been  tolerated  by  the  United  States  from  any  nation  on  the 
face  of  the  earth,  except  a  neighboring  and  sister  republic. 

President  Jackson,  in  his  message  to  the  Senate  of  the  7th  Feb 
ruary,  1837,  uses  the  following  language  with  great  justice  and 
truth:  "  The  length  of  time  since  some  of  the  injuries  have  been 
committed;  the  repeated  and  unavailing  applications  for  redress; 
the  wanton  character  of  some  of  the  outrages  upon  the  property 
and  persons  of  our  citizens,  upon  the  officers  and  flag  of  the  United 
States,  independent  of  recent  insults  to  this  government  and  people 
by  the  late  Extraordinary  Mexican  Minister,  would  justify,  in  the 
eyes  of  all  nations,  immediate  war." 

Still,  he  was  unwilling  to  resort  to  this  last  extremity,  without 
"  giving  to  Mexico  one  more  opportunity  to  atone  for  the  past  be 
fore  we  take  redress  into  our  own  hands."  Accordingly,  he  rec 
ommended  a  that  an  act  be  passed  authorizing  reprisals,  and  the 
use  of  the  naval  force  of  the  United  States  by  the  Executive  against 
Mexico,  to  enforce  them,  in  the  event  of  a  refusal  by  the  Mexican 
government  to  come  to  an  amicable  adjustment  of  the  matters  in 
controversy  between  us,  upon  another  demand  thereof  made  from 
on  board  one  of  our  vessels  of  war  on  the  coast  of  Mexico." 

This  message  was  referred  to  the  Committee  on  Foreign  Rela 
tions,  which,  on  the  19th  February,  1837,  made  a  report  to  the  Sen 
ate  entirely  in  accordance  with  the  message  of  the  President  in  re 
gard  to  the  outrages  and  wrongs  committed  by  Mexico  on  citizens 
of  the  United  States.  They  recommended,  however,  that  another 
demand  should  be  made  for  redress  upon  the  Mexican  government, 
in  pursuance  of  the  form  required  by  the  34th  article  of  our  treaty 
with  Mexico,  and  the  result  submitted  to  Congress  for  their  deci 
sion  before  actual  hostilities  should  be  authorized.  The  committee 
say:  "After  such  a  demand,  should  prompt  justice  be  refused  by 
the  Mexican  government,  we  may  appeal  to  all  nations  not  only  for 
the  equity  and  moderation  with  which  we  have  acted  towards  a  sis 
ter  republic,  but  for  the  necessity  which  will  then  compel  us  to 
seek  redress  for  our  wrongs,  by  actual  war  or  by  reprisals.  The 
subject  will  then  be  presented  before  Congress  at  the  commence 
ment  of  the  next  session,  in  a  clear  and  distinct  form,  and  the  com 
mittee  cannot  doubt  but  that  such  measures  will  be  immediately 
adopted  as  may  be  necessary  to  vindicate  the  honor  of  the  country, 
and  insure  ample  reparation  to  our  injured  fellow-citizens." 

The  resolution  with  which  this  report  concludes,  was,  on  the  27th 
February,  adopted  by  the  unanimous  vote  of  the  Senate.  The  re 
port  of  the  Committee  on  Foreign  Affairs  made  to  the  House  of 
Representatives  on  the  24th  February,  1837,  breathes  the  same 
spirit  with  that  of  the  Senate. 

In  pursuance  of  the  suggestion  of  the  Committee  on  Foreign 
Relations  of  the  Senate,  a  special  messenger  was  sent  to  Mexico  to 
make  a  final  demand  for  redress,  with  the  documents  required  by 


[60] 


36 


the  34th  article  of  the  treaty.  This  demand  was  made  on  the  20th 
July,  1837.  The  answer  to  it  contained  fair  promises.  How  these 
were  evaded  from  time  to  time,  you  will  learn  by  an  examination 
of  the  archives  of  your  legation. 

Finally,  on  the  llth  April,  1839,  a  convention  was  concluded 
"for  the  adjustment  of  claims  of  citizens  of  the  United  States  of 
America  upon  the  government  of  the  Mexican  republic." 

The  board  of  commissioners  was  no.t  organized  under  this  con 
vention  until  the  25th  August,  1840;  and,  under  its  terms,  they  were 
obliged  to  terminate  their  duties  within  eighteen  months  from  that 
date.  Four  of  these  eighteen  months  were  spent  in  preliminary 
discussions,  which  had  arisen  on  objections  raised  by  the  Mexican 
commissioners;  and,  at  one  time,  there  was  great  danger  that  the 
board  would  separate  without  hearing  or  deciding  a  single  case.  It 
was  not  until  the  24th  December,  1840,  that  they  commenced  the 
examination  of  the  claims  of  our  citizens.  Fourteen  months  only 
were  left  to  examine  and  decide  upon  these  numerous  and  compli 
cated  cases. 
The  claims  allowed  by  the  commissioners,  without  reference  to  the 

umpire,  amounted,  principal  and  interest,  to $439,393  82 

The    amount,    principal    and    interest,    subsequently 

awarded  by  the  umpire,  was 1,586,745  86 

$2,026,139  68 

The  Mexican  government  finding  it  inconvenient  to  pay  the  amount 
awarded,  either  in  money  or  in  an  issue  of  treasury  notes,  accord 
ing  to  the  terms  of  the  convention,  a  new  convention  was  conclu 
ded  between  the  two  governments  on  the  30th  January,  1843,  to 
relieve  that  of  Mexico  from  this  embarrassment.  Under  its  terms, 
the  interest  due  on  the  whole  amount  awarded  was  to  be  paid  on 
the  30th  April,  1843;  and  the  principal,  with  the  accruing  interest, 
was  made  payable  in  five  years,  in  equal  instalments  every  three 
months. 

Under  this  new  agreement,  made  to  favor  Mexico,  the  claimants 
have  yet  received  only  the  interest  up  to  the  30th  April,  1843,  and 
three  of  the  twenty  instalments. 

But  this  is  not  all.  There  were  pending  before  the  umpire,  when 
the  commission  expired,  claims  which  had  been  examined  and  awar 
ded  by  the  American  commissioners,  amounting  to  $928,627  88. 
Upon  these  he  refused  to  decide,  alleging  that  his  authority  had 
expired. 

This  was  a  strange  construction  of  the  treaty.  Had  he  decided 
that  his  duties  did  not  commence  until  those  of  the  commissioners 
had  ended,  this  would  have  been  a  more  natural  interpretation. 

To  obviate  this  injustice,  and  to  provide  for  the  decision  of  other 
claims  of  American  citizens,  amounting  to  $3,336,837  05,  which 
had  been  submitted  too  late  to  be  considered  by  the  board,  a  third 
convention  was  signed  at  Mexico  on  the  20th  November,  1843,  by 
Mr.  Waddy  Thompson  on  the  part  of  the  United  States,  and  Messrs. 
Bocanegra  and  Trigueras  on  the  part  of  Mexico.  On  the  30th 


37  [  60  ] 

January,  1844,  this  convention  was  ratified  by  the  Senate  of  the 
United  States,  with  two  amendments.  The  one  changed  the  place 
of  meeting  of  the  commissioners  from  Mexico  to  Washington;  and 
the  other  struck  out  the  16th  article,  which  referred  the  claims  of 
a  pecuniary  nature,  that  ihe  two  governments  might  have  against 
each  other,  to  the  commissieners,  with  an  appeal  to  the  umpire  in 
case  a  majority  of  them  could  not  agree. 

These  amendments  were  manifestly  reasonable  and  necessary. 
To  have  compelled  the  claimants,  all  of  whom  are  citizens  of  the 
United  States,  to  go  to  Mexico  with  their  documents  and  testimony, 
would,  in  a  great  degree,  have  frustrated  the  object  of  the  com 
mission.  Besides,  the  new  commission  was,  in  fact,  but  a  contin 
uance  of  the  old  one;  and  its  duties  simply  were,  to  complete  the 
business  which  had  been  left  unfinished  in  the  city  of  Washington. 

It  was  something  new  in  the  history  of  sovereign  nations  to  refer 
their  mutual  claims  to  the  arbitrament  of  a  board  composed  of  their 
own  citizens,  with  an  appeal  to*a  subject  appointed  by  a  foreign 
sovereign.  The  dignity  of  sovereign  States  forbade  such  a  pro 
ceeding.  Besides,  it  never  had  been  suggested  that  either  of  the 
two  governments  had  claims  upon  the  other,  or  that  there  were  any 
claims  in  existence  except  those  of  American  citizens  on  Mexico. 

It  is  difficult  to  conceive  why  this  convention,  departing  from 
that  of  the  llth  April,  1839,  should  -have  embraced  any  such  pro 
vision;  or  why  it  should  have  stipulated  for  claims  of  citizens  of 
Mexico  against  the  United  States,  when  no  such  claims  had  ever 
been  alleged  to  exist. 

Upon  a  reference  of  these  amendments  to  the  government  of 
Mexico,  it  interposed  the  same  evasions,  difficulties  and  delays, 
which  have  always  characterized  its  policy  towards  the  United 
States.  It  has  never  yet  decided  whether  it  would  or  would  not 
accede  to  them,  although  the  subject  has  repeatedly  been  pressed 
upon  its  consideration  by  our  ministers. 

The  result  of  the  whole  is,  that  the  injuries  and  outrages  com 
mitted  by  the  authorities  of  Mexico  on  American  citizens,  which, 
in  the  opinion  of  President  Jackson,  would,  so  long  ago  as  Febru 
ary,  1837,  have  justified  a  resort  to  war  or  reprisals  for  redress,  yet 
remain  wholly  unredressed,  excepting  only  the  comparatively  small 
amount  received  under  the  convention  of  April,  1839. 

It  will  be  your  duty,  in  a  prudent  and  friendly  spirit,  to  impress 
the  Mexican  government  with  a  sense  of  their  great  injustice  to 
wards  the  United  States,  as  well  as  of  the  patient  forbearance  which 
has  been  exercised  by  us.  This  cannot  be  expected  to  endure  much 
longer,  and  these  claims  must  now  speedily  be  adjusted  in  a  satis 
factory  manner.  Already  have  the  government  of  the  United 
States  too  long  omitted  to  obtain  redress  for  their  injured  citizens. 

But  in  what  manner  can  this  duty  be  performed  consistently  with 
the  amicable  spirit  of  your  mission'?  The  fact  is  but  too  well  known 
to  the  world,  that  the  Mexican  government  are  not  now  in  a  con 
dition  to  satisfy  these  claims  by  the  payment  of  money.  Unless 
the  debt  should  be  assumed  by  the  government  of  the  United  States, 
the  claimants  cannot  receive  what  is  justly  their  due.  Fortunately, 


[  60  ]  38 

the  joint  resolution  of  Congress,  approved  1st  March,  1845,  "for 
annexing  Texas  to  the  United  States,"  presents  the  means  of  satis 
fying  these  claims,  in  perfect  consistency  with  the  interests,  as  well 
as  the  honor  of  both  republics.  It  has  reserved  to  this  government 
the  adjustment  "of  all  questions  of  boundary  that  may  arise  with 
other  governments."  This  question  of  boundary  may,  therefore, 
be  adjusted  in  such  a  manner  between  the  two  republics  as  to  cast 
the  burden  of  the  debt  due  to  American  claimants  upon  their  own 
government,  whilst  it  will  do  no  injury  to  Mexico. 

In  order  to  arrive  at  a  just  conclusion  upon  this  subject,  it  is 
necessary  briefly  to  state  what,  at  present,  are  the  territorial  rights 
of  the  parties. 

The  Congress  of  Texas,  by  the  act  of  December  19,  1836,  have 
declared  the  Rio  del  Norte,  from  its  mouth  to  its  source,  to  be  a 
boundary  of  that  republic. 

In  regard  to  the  right  of  Texas  to  the  boundary  of  the  Del  Norte, 
from  its  mouth  to  the  Paso,  there  cannot,  it  is  apprehended,  be  any 
very  serious  doubt.  It  would  be  easy  to  establish,  by  the  author 
ity  of  our  most  eminent  statesmen,  at  a  time,  too,  when  the  ques 
tion  of  the  boundary  of  the  province  of  Louisania  was  better  un 
derstood  than  it  is  at  present,  that,  to  this  extent,  at  least,  the  Del 
Norte  was  its  western  limit.  Messrs.  Monroe  and  Pinckney,  in 
their  communications  of  January  28,  1805,  to  Don  Pedro  Cevallos, 
then  the  Spanish  minister  of  foreign  relations,  assert,  in  the 
strongest  terms,  that  the  boundaries  of  that  province  "are  the 
river  Perdido  to  the  east,  and  the  Rio  Bravo  to  the  w_est."  They 
say,  "the  facts  and  principles  which  justify  this  conclusion  are  so 
satisfactory  to  our  government^  as  to  convince  it  that  the  United 
States  have  not  a  better  right  to  the  island  of  New  Orleans,  under 
the  cession  referred  to,  (that  of  Louisiana,)  than  they  have  to  the 
whole  district  of  territory  which  is  above  described."  Mr.  Jef 
ferson  was  at  that  time  President,  and  Mr.  Madison  Secre 
tary  of  State;  and  you  well  know  how  to  appreciate  their  author 
ity.  In  the  subsequent  negotiation  with  Mr.  Cevallos,  Messrs. 
Monroe  and  Pinckney  conclusively  vindicated  the  right  of  the 
United  States  as  far  west  as  the  Del  Norte.  Down  to  the  very  conclu 
sion  of  the  Florida  treaty,  the  United  States  asserted  their  right  to 
this  extent — not  by  words  only,  but  by  deeds.  In  1818,  this  gov 
ernment  having  learned  that  a  number  of  adventurers,  chiefly 
Frenchmen,  had  landed  at  Galveston,  with  the  avowed  purpose  of 
forming  a  settlement  in  that  vicinity,  despatched  George  Graham, 
esq.,  with  instructions  to  warn  them  to  desist.  The  following  is 
an  extract  from  these  instructions3  dated  2d  June,  1818:  "The  Pre 
sident  wishes  you  to  proceed  with  all  convenient  speed  to  that 
place,  (Galveston,)  unless,  as  is  not  improbable,  you  should,  in  the 
progress  of  the  journey,  learn  that  they  have  abandoned,  or  been 
driven  from  it.  Should  they  have  removed  to  Matagorda,  or  any 
other  place  north  of  the  Rio  Bravo,  and  within  the  territory  claimed 
by  the  United  States,  you  will  repair  thither,  without,  however, 
exposing  yourself  to  be  captured  by  any  Spanish  military  force. 
When  arrived,  )ou  will,  in  a  suitable  manner,  make  known  to  the 


39  [  60  ] 

chief,  or  leader  of  the  expedition,  your  authority  from  the  gov 
ernment  of  the  United  States,  and  express  the  surprise  with  which 
the  President  has  seen  possession  thus  taken,  without  authority 
from  the  United  States,  of  a  place  within  their  territorial  limits, 
and  upon  which  no  lawful  settlement  can  be  made  without  their 
sanction.  You  will  call  upon  him  explicitly  to  avow  under  what 
national  authority  they  profess  to  act,  and  take  care  that  due  warn 
ing  be  given  to  the  whole  body,  that  the  place  is  within  the  United 
States,  who  will  suffer  no  permanent  settlement  to  be  made  there 
under  any  authority  other  than  their  own." 

It  cannot  be  denied,  however,  that  the  Florida  treaty  of  22d 
February,  1819,  ceded  to  Spain  all  that  part  of  ancient  Louisiana 
within  the  present  limits  of  Texas;  and  the  more  important  in 
quiry  now  is,  what  is  the  extent  of  the  territorial  rights  which 
Texas  has  acquired  by  the  sword  in  a  righteous  resistance  to  Mex 
ico.  In  your  negotiations  with  Mexico,  the  independence  of 
Texas  must  be  considered  a  settled  fact,  and  is  not  to  be  called  in 
question. 

Texas  achieved  her  independence  on  the  plain  of  San  Jacinto, 
in  April,  1836,  by  one  of  the  most  decisive  and  memorable  victo 
ries  recorded  in  history.  She  then  convinced  the  world,  by  her 
courage  and  her  conduct,  that  she  deserved  to  rank  as  an  indepen 
dent  nation.  To  use  the  language  of  Mr.  Webster,  Secretary  of 
State,  in  a  despatch  to  our  minister  at  Mexico,  dated  8th  July, 
1842:  "From  the  time  of  the  battle  of  San  Jacinto,  in  April,  1836, 
to  the  present  moment,  Texas  has  exhibited  the  same  external 
signs  of  national  independence  as  Mexico  herself,  and  with  quite 
as  much  stability  of  government.  Practically  free  and  indepen 
dent,  acknowledged  as  a  political  sovereignty  by  the  principal 
powers  of  the  world,  no  hostile  foot  finding  rest  within  her  terri 
tory  for  six  or  seven  years,  and  Mexico  herself  refraining,  for  all 
that  period,  from  any  further  attempt  to  re-establish  her  own  au 
thority  over  that  territory,"  &c.,  &c. 

Finally,  on  the  29th  March,  1845,  Mexico  consented,  in  the  most 
solemn  form,  through  the  intervention  of  the  British  and  French 
governments,  to  acknowledge  the  independence  of  Texas,  provided 
she  would  stipulate  not  to  annex  herself,  or  become  subject  to  any 
country  whatever. 

It  may,  however,  be  contended,  on  the  part  of  Mexico,  that  the 
Nueces,  and  not  the  Rio  del  Norte,  is  the  true  western  boundary 
of  Texas.  I  need  not  furnish  you  arguments  to  controvert  this 
position.  You  have  been  perfectly  familiar  with  the  subject  from 
the  beginning,  and  know  that  the  jurisdiction  of  Texas  has  been 
extended  beyond  that  river,  and  that  representatives  from  the  coun 
try  between  it  and  the  Del  Norte  have  participated  in  the  delibe 
rations  of  both  her  congress  and  her  convention.  Besides,  this 
portion  of  the  territory  was  embraced  within  the  limits  of  ancient 
Louisiana. 

The  case  is  different  in  regard  to  New  Mexico.  Santa  Fe,  its 
capital,  was  settled  by  the  Spaniards  more  than  two  centuries  ago; 
and  that  province  has  been  ever  since  in  their  possession,  and  that 


[  60  ]  40 

of  the  republic  of  Mexico.  The  Texans  never  have  conquered  or 
taken  possession  of  it,  nor  have  its  people  ever  been  represented 
in  any  of  their  legislative  assemblies  or  conventions. 

The  long  and  narrow  valley  of  New  Mexico,  or  Santa  Fe,  is 
situated  on  both  banks  of  the  upper  Del  Norte,  and  is  bounded  on 
both  sides  by  mountains.  It  is  many  hundred  miles  remote  from 
other  settled  portions  of  Mexico,  and  from  its  distance  it  is  both 
difficult  and  expensive  to  defend  the  inhabitants  against  the  tribes 
of  fierce  and  warlike  savages,  that  roam  over  the  surrounding 
country.  For  this  cause,  it  has  suffered  severely  from  their  incur 
sions.  Mexico  must  expend  far  more  in  defending  so  distant  a 
possession,  than  she  can  possibly  derive  benefit  from  continuing  to 
hold  it. 

Besides,  it  is  greatly  to  be  desired  that  our  boundary  with  Mex 
ico  should  now  be  established  in  such  a  manner  as  to  preclude  all 
future  difficulties  and  disputes  between  the  two  republics.  A  great 
portion  of  New  Mexico  being  on  this  side  of  the  Rio  Grande,  and 
included  within  the  limits  already  claimed  by  Texas,  it  may  here 
after,  should  it  remain  a  Mexican  province,  become  a  subject  of 
dispute,  and  a  source  of  bad  feeling  between  those  who,  I  trust, 
are  destined,  in  future,  to  be  always  friends. 

On  the  other  hand,  if,  in  adjusting  the  boundary,  the  province 
of  New  Mexico  should  be  included  within  the  limits  of  the  United 
States,  this  would  obviate  the  danger  of  future  collisions.  Mexico 
would  part  with  a  remote  and  detached  province,  the  possession  of 
which  can  never  be  advantageous  to  her;  and  she  would  be  re 
lieved  from  the  trouble  and  expense  of  defending  its  inhabitants 
against  the  Indians.  Besides,  she  would  thus  purchase  security 
against  their  attacks  for  her  other  provinces  west  of  the  del  Norte, 
as  it  would  at  once  become  the  duty  of  the  United  States  to  re 
strain  the  savage  tribes  within  their  limits,  and  prevent  them  from 
making  hostile  incursions  into  Mexico.  From  these  considerations, 
and  others  which  will  readily  suggest  themselves  to  your  mind,  it 
would  seem  to  be  equally  the  interest  of  both  powers  that  New 
Mexico  should  belong  to  the  United  States. 

But  the  President  desires  to  deal  liberally  by  Mexico.  You  are, 
therefore,  authorized  to  offer  to  assume  the  payment  of  all  the  just 
claims  of  our  citizens  against  Mexico;  and,  in  addition,  to  pay  five 
millions  of  dollars,  in  case  the  Mexican  government  shall  agree  to 
establish  the  boundary  between  the  two  countries  from  the  mouth 
of  the  Rio  Grande,  up  the  principal  stream  to  the  point  where  it 
touches  the  line  of  New  Mexico;  thence  west  of  the  river,  along 
the  exterior  line  of  that  province,  and  so  as  to  include  the  whole 
within  the  United  States,  until  it  again  intersects  the  river;  thence 
up  the  principal  stream  of  the  same  to  its  source,  and  thence  due 
north,  until  it  intersects  the  forty-second  degree  of  north  lati 
tude. 

A  boundary  still  preferable  to  this,  would  be  an  extension  of  the 
line  from  the  northwest  corner  of  New  Mexico,  along  the  range  of 
mountains  until  it  would  intersect  the  forty-second  parallel. 

Should  the  Mexican    authorities    prove  unwilling  to  extend  our 


41  [  60  ] 

boundary  beyond  the  Del  Norte,  you  are,  in  that  event,  instructed 
to  offer  to  assume  the  payment  of  all  the  just  claims  of  citizens  of 
the  United  States  against  Mexico,  should  she  agree  that  the  line 
shall  be  established  along  the  boundary  defined  by  the  act  of  con 
gress  of  Texas,  approved  December  19,  1836,  to  wit:  beginning  at 
"the  mouth  of  the  Rio  Grande;  thence  up  the  principal  stream  of 
said  river  to  its  source;  thence  due  north  to  the  forty-second  degree 
of  north  latitude." 

It  is  scarcely  to  be  supposed,  however,  that  Mexico  would  re 
linquish  five  millions  of  dollars,  for  the  sake  of  retaining  the  nar 
row  strip  of  territory  in  the  valley  of  New  Mexico,  west  of  the 
Rio  Grande;  and  thus  place  under  two  distinct  governments  the 
Small  settlements,  closely  identified  with  each  other,  on  the  oppo 
site  banks  of  the  river.  Besides,  all  the  inconveniences  to  her 
from  holding  New  Nexico,  which  I  have  pointed  out,  would  be  se 
riously  aggravated  by  her  continuing  to  hold  that  small  portion 
of  it  which  lies  west  of  the  river. 

There  is  another  subject  of  vast  importance  to  the  United  States, 
which  will  demand  your  particular  attention.  From  information 
possessed  by  this  department,  it  is  to  be  seriously  apprehended 
that  both  Great  Britain  and  France  have  designs  upon  California. 
The  views  of  the  government  of  the  United  States  on  this  subject, 
you  will  find  presented  in  my  despatch  to  Thomas  O.  Larkin,  esq., 
our  consul  at  Monterey,  dated  October  17,  1845,  a  copy  of  which 
is  herewith  transmitted.  From  it  you  will  perceive  that,  whilst 
this  government  does  not  intend  to  interfere  between  Mexico  and 
California,  it  would  vigorously  interpose  to  prevent  the  latter  from 
becoming  either  a  British  or  a  French  colony.  You  will  endeavor 
to  ascertain  whether  Mexico  has  any  intention  of  ceding  it  to  the 
one  or  the  other  power;  and  if  any  such  design  exists,  you  will 
exert  all  your  energies  to  prevent  an  act  which,  if  consummated, 
would  be  so  fraught  with  danger  to  the  best  interests  of  the  United 
States.  On  this  subject  you  may  freely  correspond  with  Mr,  Lar 
kin,  taking  care  that  your  letters  shall  not  fall  into  improper 
hands. 

The  possession  of  the  bay  and  harbor  of  San  Francisco  is  all- 
important  to  the  United  States.  The  advantages  to  us  of  its  ac 
quisition  are  so  striking,  that  [it  would  be  a  waste  of  time  to  enu 
merate  them  here.  If  all  these  should  be  turned  against  our  coun 
try  by  the  cession  of  California  to  Great  Britain,  our  principal 
commercial  rival,  the  consequences  would  be  most  disastrous. 

The  government  of  California  is  now  but  nominally  dependent 
upon  Mexico;  and  it  is  more  than  doubtful  whether  her  authority 
will  ever  be  reinstated.  Under  these  circumstances,  it  is  the  desire 
of  the  President  that  you  shall  use  your  best  efforts  to  obtain  a 
cession  of  that  province  from  Mexico  to  the  United  States.  Could 
you  accomplish  this  object,  you  would  render  immense  service  to 
your  country,  and  establish  an  enviable  reputation  for  yourself. 
Money  would  be  no  object,  when  compared  with  the  value  of  the 
acquisition.  Still,  the  attempt  must  be  made  with  great  prudence 
and  caution,  and  in  such  a  manner  as  not  to  alarm  the  jealousy  of 


[60]  42 

the  Mexican  government.  Should  you,  after  sounding  the  Mexi 
can  authorities  on  the  subject,  discover  a  prospect  of  success,  the 
President  would  not  hesitate  to  give,  in  addition  to  the  assumption 
of  the  just  claims  of  our  citizens  on  Mexico,  twenty-five  millions 
of  dollars  for  the  cession.  Should  you  deem  it  expedient,  you  are 
authorised  to  offer  this  sum  for  a  boundary  running  due  west  from 
the  southern  extremity  of  New  Mexico  to  the  Pacific  ocean,  or 
from  any  other  point  on  its  western  boundary  which  would  em 
brace  Monterey  within  our  limits.  If  Monterey  cannot  be  obtained, 
you  may,  if  necessary,  in  addition  to  the  assumption  of  these  claims, 
offer  twenty  millions  of  dollars  for  any  boundary  commencing  at  any 
point  on  the  western  line  of  New  Mexico,  and  running  due  west  to 
the  Pacific,  so  as  to  include  the  bay  and  harbor  of  San  Francisco.  ' 
The  larger  the  territory  south  of  this  bay,  the  better.  Of  course, 
when  I  speak  of  any  point  on  the  western  boundary  of  New  Mex 
ico,  it  is  understood  that  from  the  Del  Norte  to  that  point,  our 
boundary  shall  run  according  to  the  first  offer  which  you  have  been 
authorized  to  make.  I  need  scarcely  add  that,  in  authorizing  the 
offer  of  five  millions,  or  twenty-five  millions,  or  twenty  millions  of 
dollars,  these  are  to  be  considered  as  maximum  sums.  If  you  can 
accomplish  either  of  the  objects  contemplated,  for  a  less  amount, 
so  much  more  satisfactory  will  it  prove  to  the  President. 

The  views  and  wishes  of  the  President  are  now  before  you,  and 
much,  at  last,  must  be  left  to  your  own  discretion.  If  you  can  accom 
plish  any  one  of  the  specific  objects  which  have  been  presented  in 
these  instructions,  you  are  authorized  to  conclude  a  treaty  to  that 
effect.  If  you  cannot,  after  you  shall  have  ascertained  what  is 
practicable,  you  will  ask  for  further  instructions,  and  they  shall  be 
immediately  communicated. 

Your  mission  is  one  of  the  most  delicate  and  important  which  has 
ever  been  confided  to  a  citizen  of  the  United  States.  The  people 
to  whom  you  will  be  sent  are  proverbially  jealous;  and  they  have 
been  irritated  against  the  United  States  by  recent  events  and  the 
intrigues  of  foreign  powers.  To  conciliate  their  good  will  is  indis 
pensable  to  your  success.  I  need  not  warn  you  against  wounding 
their  national  vanity.  You  may  probably  have  to  endure  their  un 
just  reproaches  with  equanimity.  It  would  be  difficult  to  raise  a 
point  of  honor  between  the  United  States  and  so  feeble  and  dis 
tracted  a  power  as  Mexico.  This  reflection  will  teach  you  to  bear 
and  forbear  much,  for  the  sake  of  accomplishing  the  great  objects 
of  your  mission.  We  are  sincerely  desirous  to  b,e  on  good  terms 
with  Mexico;  and  the  President  reposes  implicit  confidence  in  your 
patriotism,  sagacity,  and  ability  to  restore  the  ancient  relations  of 
friendship  between  the  two  republics. 

Herewith  you  will  also  receive  your  full  powers  to  conclude  a 
treaty,  together  with  two  maps — the  one  Arrowsmith's  and  the  other 
Emory's — on  which  are  designated  the  limits  of  New  Mexico. 

You  will  keep  the  department  advised  of  your  progress  as  often 
as  safe  opportunities  may  offer. 

You  are  aware  that  Congress,  at  their  last  session,  made  the  fol 
lowing  appropriation: 


43  [  60  ] 

"For  paying  the  April  and  July  instalments  of  the  Mexican  in 
demnities,  due  in  eighteen  hundred  and  forty-four,  the  sum  of  two 
hundred  and  seventy-five  thousand  dollars:  Provided,  it  shall  be 
ascertained  to  the  satisfaction  of  the  American  government  that 
said  instalments  have  been  paid  by  the  Mexican  government  to 
the  agent  appointed  by  the  United  States  to  receive  the  same,  in 
such  manner  as  to  discharge  all  claim  on  the  Mexican  government, 
and  said  agent  to  be  delinquent  in  remitting  the  money  to  the 
United  States." 

The  whole  transaction  between  Emilio  Voss,  esquire,  the  agent 
of  the  United  States,  and  the  Mexican  authorities,  is  yet  involved 
in  mystery,  which  this  government  has  not  been  able  to  unravel. 
You  will  endeavor,  with  as  little  delay  as  possible,  to  ascertain  the 
true  state  of  the  case  in  relation  to  the  alleged  payment  of  these 
instalments  by  the  Mexican  government  to  our  agent,  and  give  the 
government  the  earliest  information  on  the  subject.  A  copy  of  his 
receipt  ought  to  be  obtained,  if  possible. 

I  am,  &c., 

JAMES  BUCHANAN. 

JOHN  SLIDELL,  Esq., 

Envoy  Extraordinary  and  Minister  Plenipotentiary 

from  the  United  States  to  Mexico. 


Mr.  Buchanan  to  Mr.  Trist. 

DEPARTMENT  or  STATE, 

Washington,  April  15,  1847. 

SIR:  Since  the  glorious  victory  of  Buena  Vista,  and  the  capture 
of  Vera  Cruz  and  the  castle  of  San  Juan  d'Ulloa  by  the  American 
arms,  it  is  deemed  probable  that  the  Mexican  government  may  be 
willing  to  conclude  a  treaty  of  peace  with  the  United  States.  With 
out  any  certain  information, however,  as  to  its  disposition,  the  Pre 
sident  would  not  feel  justified  in  appointing  public  commissioners 
for  this  purpose,  and  inviting  it  to  do  the  same.  After  so  many 
overtures  rejected  by  Mexico,  this  course  might  not  only  subject 
the  United  States  to  the  indignity  of  another  refusal,  but  might,  in 
the  end,  prove  prejudicial  to  the  cause  of  peace.  The  Mexican 
government  might  thus  be  encouraged  in  the  mistaken  opinion, 
which  it  probably  already  entertains,  respecting  the  motives  which 
have  actuated  the  President  in  his  repeated  efforts  to  terminate  the 
war.  He  deems  it  proper,  notwithstanding,  to  send  to  the  head 
quarters  of  the  army  a  confidential  agent,  fully  acquainted  with  the 
views  of  this  government,  and  clothed  with  full  powers  to  conclude 
a  treaty  of  peace  with  the  Mexican  government,  should  it  be  so 
inclined.  In  this  manner  he  will  be  enabled  to  take  advantage,  at 
the  propitious  moment,  of  any  favorable  circumstances  which  might 
dispose  that  government  to  peace. 

The  President,  therefore,  having  full  confidence  in  your  ability, 
patriotism,  and  integrity,  has  selected  you  as  a  commissioner  to  the 


[  60  ]  44 

United  Mexican  States,  to  discharge  the  duties  of  this  important 
mission;  and  for  your  services  in  this  capacity  you  will  be  allowed 
the  outfit  and  salary  of  a  charge  d'affaires. 

You  are  herewith  furnished  with  a  projet  of  a  treaty  (marked  A) 
embraced  in  eleven  articles,  and  founded  upon  just  and  liberal  prin 
ciples  towards  Mexico,  which,  together  with  your  instructions,  you 
may  communicate  confidentially  to  Major  General  Scott  and  Com 
modore  Perry. 

Should  a  Mexican  plenipotentiary  meet  you,  duly  authorized  by 
his  government  to  conclude  a  treaty  of  peace,  you  will,  after  a  mu 
tual  exchange  of  your  full  powers,  deliver  him  a  copy  of  this  pro- 
jet,  with  the  sum  in  blank  contained  in  the  5th  article  as  a  consid 
eration  for  the  extension  of  our  boundaries,  and  inform  him  that 
you  are  prepared  to  sign  it,  on  behalf  of  the  government  of  the 
United  States,  as  soon  as  the  sum  with  which  the  blank  is  to  be 
filled  shall  be  agreed  upon  by  the  parties.  This  sum  ought  to  be  as 
much  below  the  fifteen  millions  contained  in  the  article  as  you  can 
accomplish.  Considering  the  heavy  expenses  and  sacrifices  of  the 
war  on  our  part,  and  the  brilliant  success  of  our  arms,  as  well  as 
the  large  amount  which,  under  the  projet,  this  government  has  as 
sumed  to  pay  our  own  citizens  for  claims  due  to  them  by  Mexico, 
justice  would  seem  to  require  that  the  treaty  should  not  stipulate 
for  the  payment  of  any  very  large  sum. 

You  may,  in  conversation  with  him,  ascertain  what  change  in  the 
terms  of  the  proje*t  the  Mexican  government  would  require;  and  if 
this  should  become  indispensable  to  attain  the  object,  you  may  mo 
dify  these  terms,  including  the  amount  to  be  paid  to  Mexico,  in  the 
following  particulars: 

1.  Instead  of  fifteen  millions  of  dollars  stipulated  to  be  paid  by 
the  fifth  article,  for  the  extension  of  our  boundary  over  New  Mexi 
co  and  Upper  and  Lower  California,  you  may  increase  the  amount 
to   any  sum  not  exceeding  thirty  millions  of  dollars,  payable  by 
instalments  of  three  millions  per  annum,  provided  the  right  of  pas 
sage  and  transit  across  the  isthmus  of  Tehuantepec,  secured  to  the 
United  States  by  the  8th  article  of  the  projet,  shall  form  a  part  of  the 
treaty. 

2.  Whilst  it  is  of  the  greatest  importance  to  the  United  States  to 
extend   their   boundaries   over  Lower  California,  as  well  as   New 
Mexico  and  Upper  California,  you  are  not  to  consider  this  as  a  sine 
qua   non   to  the  conclusion  of   a  treaty.     You  will,  therefore,  not 
break  off  the  negotiation  if  New  Mexico  and  Upper  California  can 
alone  be  acquired.     In  that  event,  however,  you  will  not  stipulate 
to  pay  more  than  twenty  millions  of  dollars  for  these  two  provinces, 
without  the  right  of  passage  and  transit  across  the  isthmus  of  Te 
huantepec. 

3.  You  are  authorized  xto  stipulate  for  the  payment  of  any  sum 
not  exceeding  twenty-five  millions  of  dollars  for  New  Mexico  and 
Upper  California,  without  Lower  California,  provided  the  stipula 
tion  securing  the  right  of  passage  and  transit  across  the   isthmus 
of  Tehuantepec  shall  be  retained  in  the  treaty;  or,  if  this  should 
be  stricken  out,  you  are  authorized  to  stipulate    for    the  payment 


45  [  60  ] 

of  the  like  sum  of  twenty-five  millions  of  dollars  for  Lower  Cali 
fornia,  in  addition  to  New  Mexico  and  Upper  California. 

Should  Lower  California  not  be  embraced  in  the  treaty,  then  it 
will  become  necessary  to  change  the  delineation  of  boundary  con 
tained  in  the  fourth  article  of  the  proje*t  in  the  following  manner: 

Instead  of  the  concluding  words  "to  the  Pacific  ocean,"  let  it 
read,  "to  a  point  directly  opposite  the  division  line  between  Upper 
and  Lower  California;  thence  due  west,  along  the  said  line  which 
runs  north  of  the  parallel  of  thirty-two  degrees  and  south  of  San 
Miguel,  to  the  Pacific  ocean;  and  the  vessels  and  citizens  of  the 
United  States  shall,  in  all  time  to  come,  have  free  and  uninter 
rupted  access  to  and  from  the  ocean,  through  the  gulf  of  California, 
from  and  to  their  possessions  north  of  the  said  division  line." 

You  wilLnot  fail  to  observe  that  the  sums  of  thirty,  twenty, 
and  twenty-five  millions  of  dollars,  respectively,  which  you  are 
authorized  to  offer,  are  all  maximums;  and  you  will  not  go  to  the 
extent  of  either,  unless  you  shall  find  this  absolutely  necessary  to 
the  conclusion  of  a  treaty.  You  will  not  exceed  the  fifteen  mil 
lions  of  dollars  contained  in  the  fifth  article  of  the  projet,  until 
you  shall  have  good  reason  to  believe  that  the  Mexican  govern 
ment  would  break  off  the  negotiation  unless  it  should  be  increased; 
and,  in  departing  from  this  sum,  you  will  go  as  little  beyond  it 
as  practicable. 

Whilst  it  would  be  most  convenient  for  the  treasury  of  the  Uni 
ted  States  to  pay  any  sum  for  which  you  may  stipulate  in  annual 
instalments  of  three  millions  each,  yet  this  is  not  indispensable. 
If  necessary,  therefore,  to  the  conclusien  of  the  treaty,  you  may 
agree  that,  for  the  remainder  of  the  sum  above  the  three  millions 
of  dollars  to  be  paid  upon  its  ratification  by  Mexico,  the  govern 
ment  of  the  United  States  shall  create  a  six  per  cent,  siock,  similar 
to  that  created  for  the  purchase  of  Louisiana,  to  be  transferred  to 
the  government  of  Mexico,  the  interest  on  the  same  to  be  paya 
ble  annually  at  the  city  of  Washington,  and  the  principal  to  be  re 
deemable  there,  at  the  pleasure  of  this  government,  any  time  after 
two  years  from  the  exchange  of  ratifications. 

Should  this  stock  not  be  created,  then,  if  insisted  upon  by  the 
Mexican  government,  each  of  the  annual  instalments  may  bear  an 
interest  of  six  per  cent.,  but  the  interest  on  each  instalment  to  be 
payable  only  when  the  principal  shall  be  paid. 

If  you  can  obtain  the  postponement  of  the  payment  of  the  whole 
or  any  part  of  the  three  millions  of  dollars  stipulated  to  be  paid 
by  the  projet,  immediately  after  the  ratification  of  the  treaty  by 
Mexico,  until  the  ratifications  shall  have  been  exchanged,  this 
would  be  highly  satisfactory  to  the  President. 

The  rights  of  the  persons  and  property  of  the  inhabitants  of  the 
territory  over  which  the  boundaries  of  the  United  States  shall  be 
extended,  will  be  amply  protected  by  the  constitution  and  laws  of 
the  United  States.  An  article,  therefore,  to  secure  these  rights  has 
not  been  inserted  in  the  projet;  but  should  this  be  deemed  neces 
sary  by  the  Mexican  government,  no  strong  objection  exists  against 
inserting  in  the  treaty  an  article  similar  to  the  third  article  of 


[60] 


46 


the  Louisiana  treaty.'  It  might  read  as  follows:  "  The  inhabitants 
of  the  territory  over  which  the  jurisdiction  of  the  United  States 
has  been  extended  by  the  fourth  article  of  this  treaty  shall  be  in 
corporated  in  the  Union  of  the  United  States,  and  admitted  as 
soon  as  possible,  according  to  the  principles  of  the  Federal  consti 
tution,  to  the  enjoyment  of  all  the  rights,  advantages,  and  immu 
nities  of  citizens  of  the  United  States;  and,  in  the  meantime,  they 
shall  be  maintained  and  protected  in  the  free  enjoyment  of  their 
liberty,  property,  and  the  religion  which  they  profess." 

In  the  event  of  the  insertion  of  this  article,  it  would  be  proper 
to  add  to  it  the  following:  u  Provided  that  all  grants  or  con 
cessions  whatever  of  any  lands,  made  or  issued  by  the  Mexican 
government  since  the  thirteenth  day  of  May,  one  thousand  eight 
hundred  and  forty-six,  within  the  said  territory,  shall  be  abso 
lutely  null  and  void."  The  date  might,  if  necessary,  be  changed 
from  the  day  when  Congress  recognised  the  existence  of  the  war, 
to  the  month  of  September,  1846,  when  the  American  forces  took 
possession  of  California. 

The  extension  of  our  boundaries  over  New  Mexico  and  Upper 
California,  for  a  sum  not  exceeding  twenty  millions  of  dollars,  is 
to  be  considered  a  sine  qua  non  of  any  treaty.  You  may  modify, 
change,  or  omit  the  other  terms  of  the  proje*t  if  needful,  but  not  so 
as  to  interfere  with  this  ultimatum. 

If  you  should  not  succeed  in  acomplishing  the  chief  object  of 
your  mission,  you  are  authorized  to  make  the  necessary  preliminary 
arrangements  with  the  Mexican  government  for  the  conclusion  of 
a  treaty  of  peace  by  commissioners,  to  be  appointed  by  both  par 
ties,  according  to  the  proposition  contained  in  my  note  of  the  18th 
January  last  to  the  Mexican  Minister  of  Foreign  Relations;  pro 
vided  a  reasonable  prospect  shall  exist  that  such  Mexican  commis 
sioners  will  agree  to  the  ultimatum  which  I  have  specified. 

So  rapidly  does  revolution  follow  revolution  in  Mexico,  that  it 
v.  ould  be  difficult  to  conjecture  what  form  of  government  you  may 
.  1  in  existence  over  that  ill-fated  country  on  your  arrival  at  the 
head-quarters  of  the  army.  The  constitution  of  1824  may  then 
have  been  abolished,  and  a  dictatorship  be  again  existing  in  its 
stead.  You  will  not  hesitate,  however,  to  conclude  a  treaty  with 
whatever  government  you  shall  find  there  upon  your  arrival,  pro 
vided  it  presents  a  reasonable  prospect  of  being  able  to  maintain 
itself.  Should  a  dictator  be  established  who  has  subverted  the 
constitution  of  1824,  and  acquired  the  supreme  power,  his  ratifica 
tion  of  the  treaty  will  be  sufficient  without  the  previous  approba 
tion  of  the  general  Congress.  Were  this  government  to  refuse  to 
conclude  a  treaty  of  peace  until  the  Mexican  government  shall  as 
sume  any  permanent  constitutional  form,  the  war  might  yet  con 
tinue  for  many  years  to  come. 

If  the  contingency  shall  occur  on  the  happening  of  which,  as 
provided  by  the  third  article  of  the  proposed  treaty,  hostilities  are 
required  to  be  suspended,  you  will,  without  delay,  communicate 
this  fact  to  the  commanders  of  our  land  and  naval  forces  re 
spectively;  the  Secretaries  of  War  and  the  Navy  having  already 


47  [  60  ] 

issued  orders  to  them  for  the  suspension  of  hostilities  upon  the  re 
ceipt  of  such  a  notice  from  yourself. 

You  will  herewith  receive  a  certificate  from  the  Secretary  of  the 
Treasury,  that  your  draft  in  favor  of  the  Mexican  government,  for 
the  whole  or  any  part  of  three  millions  of  dollars  appropriated  by 
the  act  of  Congress  of  the  3d  March,  1847,  entitled  u  An  act  mak 
ing  further  appropriation  to  bring  the  existing  war  with  Mexico  to 
a  speedy  and  honorable  conclusion,"  will  be  duly  honored.  You 
will  be  exceedingly  careful  not  to  draw  for  any  part  of  this  sum 
until  the  conditions  required  by  that  act  shall  have  been  fully  com 
plied  with,  and  the  treaty  which  you  may  sign  with  the  authorized 
agent  or  agents  of  the  Mexican  government  has  been  "  duly  ratified 
by  Mexico."  As  the  disbursement  of  so  large  a  sum  is  a  matter  of 
so  great  importance,  you  should  use  every  precaution  to  be  certain 
that  your  drafts  shall  be  drawn  in  favor  of  the  proper  functionary 
of  the  Mexican  government,  and  the  whole  business  transacted  in 
such  a  manner  that  no  difficulty  can  hereafter  arise  on  the  subject. 
You  will  take  receipts  in  triplicate  for  any  draft  or  drafts  which 
you  draw;  which  ought,  if  possible,  to  be  signed  by  the  President 
of  Mexico,  a  :d  countersigned  by  the  Minister  of  Finance. 

I  am,  sir,  with  great  respect,  your  obedient  servant, 

JAMES  BUCHANAN. 

NICHOLAS  P.  TRIST,  Esq., 


FA.] 

PROJET. 

The  United  Slates  of  America  and  the  United  Mexican  States, 
desirous  of  termi  ating  the  war  which  has  unhappily  subsisted  be 
tween  the  two  *  publics,  and  of  restoring  peace,  friendship,  and 
good  understandin  t>  between  them,  have,  for  that  purpose,  appoint 
ed  their  respective  plenipotentiaries;  that  is  to  say,  the  President 
of  the  United  Stales  has  appointed  Nicholas  P.  Trist,  &c.,  &c., 
and 

who,  after  a  reciprocal  communication  of  their  respective  full  pow 
ers,  have  agreed  upon  the  following  articles: 

ARTICLE  I. 

There  shall  be  a  firm  and  universal  peace  between  the  United 
States  of  America  and  the  United  Mexican  States,  and  between 
their  respective  countries,  territories,  cities,  towns,  and  people, 
without  exception  of  places  or  persons.  All  hostilities,  both  by 
sea  and  land,  shall  definitively  cease  so  soon  as  the  ratifications  of 
this  treaty  shall  have  been  exchanged  by  the  parties. 


[  60  ]  48 

ARTICLE  II. 

All  prisoners  of  war  taken  on  either  side,  as  well  by  land  as  by 
sea,  shall  be  restored  as  soon  as  practicable  after  the  exchange  of 
the  ratifications  of  this  treaty.  / 

ARTICLE  III. 

As  soon  as  the  present  treaty  shall  have  been  duly  ratified  by  the 
United  Mexican  States,  this  fact  shall  be  made  known  with  the 
least  possible  delay  to  the  military  and  naval  commanders  of  both 
parties,  whereupon  a  suspension  of  hostilities  shall  take  place  both 
by  land  and  by  sea,  as  well  on  the  part  of  the  military  and  naval 
forces  of  the  United  States  as  on  the  part  of  those  of  the  United 
Mexican  States;  and  the  said  suspension  of  hostilities  shall  be  in 
violably  observed  on  both  sides.  Immediately  after  the  exchange 
of  the  ratifications  of 'the  present  treaty,  all  the  forts,  territories, 
places,  and  possessions,  whatsoever,  taken  by  the  United  States 
from  the  United  Mexican  States  during  the  war,  except  such  as  are 
embraced  within  the  limits  of  the  United  States  as  defined  by  the 
fourth  article  of  this  treaty,  shall  be  restored  without  delay,  and 
without  causing  any  destruction,  or  carrying  away  any  of  the  ar 
tillery  or  other  public  property  originally  captured  in  the  said 
forts  or  places,  and  which  shall  remain  therein  upon  the  exchange 
of  the  ratifications  of  this  treaty:  and  in  like  manner,  all  the  forts, 
territories,  places,  and  possessions,  whatsoever,  taken  by  the  Uni 
ted  Mexican  States  from  the  United  States  during  the  war,  and 
also  all  such  forts,  territories,  places,  and  possessions  embraced 
within  the  limits  of  the  United  States  under  the  fourth  article  of 
this  treaty,  shall  be  restored,  evacuated,  and  delivered  over  to  the 
United  States  without  delay,  and  without  causing  any  destruction, 
or  carrying  away  any  of  the  artillery  or  other  public  property  from 
the  said  forts  or  places,  and  which  shall  remain  therein  upon  the 
exchange  of  the  ratifications  of  this  treaty. 

ARTICLE  IV. 

The  boundary  line  between  the  two  republics  shall  commence  in 
the  Gulf  of  Mexico,  three  leagues  from  the  land  opposite  the  mouth 
of  the  Rio  Grande;  fr«m  thence  up  the  middle  of  that  river  to  the 
point  where  it  strikes  the  southern  line  of  New  Mexico;  thence 
westwardly  along  the  southern  boundary  of  New  Mexico  to  the 
southwestern  corner  of  the  same;  thence  northward  along  the  west 
ern  line  of  New  Mexico,  until  it  intersects  the  first  branch  of  the 
river  Gila;  or  if  it  should  not  intersect  any  branch  of  that  river, 
then  to  the  point  on  the  said  line  nearest  to  such  branch,  and 
thence  in  a  direct  line  to  the  same,  and  down  the  middle  of  said 
branch,  and  of  the  said  rirer,  until  it  empties  into  the  Rio  Colora 
do;  thence  down  the  middle  of  the  Colorado,  and  the  middle  of  the 
Gulf  of  California,  to  the  Pacific  ocean. 


49  [  60  ] 

ARTICLE  V. 

In  consideration  of  the  extension  of  the  boundaries  of  the  United 
States,  as  denned  by  the  last  preceding  article,  the  United  States 
agree  to  pay  to  the  United  Mexican  States,  at  the  city  of  Vera 
Cruz,  the  sum  of  fifteen  millions  of  dollars,  in  five  equal  annual 
instalments,  each  of  three  millions  of  dollars;  the  first  instalment 
to  be  paid  immediately  after  this  treaty  shall  have  been  duly  rati 
fied  by  the  government  of  the  United  Mexican  States. 
» 

ARTICLE  VI. 

As  a  further  consideration  for  the  extension  of  the  boundaries  of 
the  United  States,  as  defined  by  the  fourth  article  of  this  treaty,  the 
United  States  agree  to  assume  and  pay  to  the  claimants  all  the  in 
stalments  now  due,  or  hereafter  to  become  due,  under  the  conven 
tion  between  the  two  republics,  concluded  at  the  city  of  Mexico  on 
the  30th  day  of  January,  1843,  "  further  to  provide  for  the  payment 
of  awards  in  favor  of  claimants  under  the  convention  between  the 
United  States  and  the  Mexican  republic,  of  the  llth  April,  1839." 
And  the  United  States  also  agree  to  assume  and  pay,  to  an  amount 
not  exceeding  three  millions  of  dollars,  all  claims  of  citizens  of  the 
United  States  not  heretofore  decided  against  the  government  of  the 
United  Mexican  States,  which  may  ffave  arisen  previous  to  the  13th 
of  May,  1846,  and  shall  be  found  to  be  justly  due  by  a  board  of 
commissioners  to  be  established  by  the  government  of  the  United 
States,  whose  awards  shall  be  final  and  conclusive:  Provided,  That 
in  deciding  upon  the  validity  of  these  claims,  the  board  shall  be 
guided  and  governed  by  the  principles  and  rules  of  decision  pre 
scribed  by  the  first  and  fifth  articles  of  the  unratified  convention 
concluded  at  the  city  of  Mexico  on  the  20th  day  of  November,  A. 
D.  1843;  and,  in  no  case  shall  an  award  be  made  in  favor  of  any 
claim  not  embraced  by  these  principles  and  rules.  And  the  United 
States  do  hereby  forever  discharge  the  United  Mexican  States  from 
all  liability  for  any  of  the  said  claims,  whether  the  same  shall  be 
rejected  or  allowed  by  the  said  board  of  commissioners. 

ARTICLE  VII. 

If,  in  the  opinion  of  the  said  board  of  commissioners,  or  of  the 
clairnants,any  books,  records  or  documents,  in  the  possession  or  power 
of  the  government  of  the  United  Mexican  States,  shall  be  deemed 
necessary  to  the  just  decision'of  any  of  said  claims,  the  commis 
sioners,  or  the  claimants  through  them,  shall,  within  such  period  as 
Congress  may  designate,  make  a  demand  in  writing  for  the  same, 
addressed  to  the  Mexican  Minister  for  Foreign  Affairs,  to  be  trans 
mitted  by  the  Secretary  of  State  of  the  United  States;  and  the 
Mexican  government  engages,  at  the  earliest  possible  moment  after 
the  receipt  of  such  demand,  to  cause  any  of  the  said  books,  records, 
or  documents  in  their  possession  or  power,  which  shall  be  specified, 
to  be  transmitted  to  the  said  Secretary  of  State,  who  shall  imme- 
4 


[  60  ]  50 

diately  deliver  them  over  to  the  said  board  of  commissioners:  Pro 
vided^  That  no  such  demand  shall  be  made  at  the  instance  of  any 
claimant,  until  the  facts  which  it  is  expected  to  prove  by  such 
books,  records,  or  documents,  shall  first  have  been  stated  under 
oath  or  affirmation. 

ARTICLE  VIII. 

The  government  of  the  United  Mexican  States  hereby  grant  and 
guaranty  forever,  to  the  government  and  citizens  oi  the  United 
States,  the  right  to1  transport  across  the  isthmus  of  Tehuantepec, 
from  sea  to  sea,  by  any  modes  of  communication  now  existing, 
whether  by  land  or  water,  free  of  any  toll  or  charges  whatever,  all 
and  any  articles  the  growth,  produce,  or  manufacture  of  the  United 
States,  or  of  any  foreign  country,  belonging  to  the  said  government 
or  citizens;  and  also  the  right  of  free  passage  over  the  same  to  all 
citizens  of  the  United  States.  And  the  government  of  the  United 
Mexican  States  also  grant  and  guaranty  to  the  government  and 
citizens  of  the  United  States  the  same  right  of  passage  for  their 
merchandise  and  articles  aforesaid,  as  well  as  for  such  citizens, 
over  any  railroad  or  canal  which  may  hereafter  be  constructed 
across  the  said  isthmus  by  the  government  of  the  United  Mexican 
States,  or  by  its  authority,  paying  no  more  than  fair  and  reasonable 
tolls  for  the  same;  and  no  higher  tolls  and  charges  shall  be  levied 
and  collected  upon  any  of  the  beforementioned  articles  and  , mer 
chandise  belonging  to  the  government  or  citizens  of  the  United 
States,  or  upon  the  persons  of  such  citizens,  for  passing  over  the 
said  railroad  or  canal,  than  shall  be  levied  and  collected  upon  like 
articles  and  merchandise  belonging  to  the  government  or  citizens 
of  Mexico,  being  the  growth,  produce,  and  manufacture  of  Mexico, 
or  of  any  foreign  country,  or  upon  the  persons  of  such  citizens. 
And  none  of  the  said  articles  whatever,  belonging  to  the  govern 
ment  or  citizens  of  the  United  States,  thus  passing  in  transit 
over  the  said  isthmus,  from  sea  to  sea,  either  by  the  e'xisting  modes 
of  communication,  or  over  any  railroad  or  canal  which  may  here 
after  be  constructed,  in  either  direction,  for  the  purpose  of  being 
transported  to  any  port  of  the  United  States,  or  of  any  foreign 
country,  shall  be  liable  to  any  import  or  export  duty  whatever. 
The  two  governments  hereby  engage,  with  as  little  delay  as  possi 
ble,  mutually  to  agree  upon  such  regulations  as  may  be  -necessary 
to  prevent  fraud  and  smuggling,  in  consequence  of  the  right  of  pas 
sage  thus  granted  and  perpetually  guarantied  to  the  government 
and  citizens  of  the  United  States. 

ARTICLE  IX. 

All  goods,  wares,  or  merchandise,  which  shall,  during  the  war, 
have  been  imported  into  any  of  the  ports  or  places  of  either  party 
whilst  in  the  military  occupation  of  the  other,  by  the  citizens  of 
either,  or  by  the  citizens  or  subjects  of  any  neutral  power,  shall  be 
permitted  to  remain  exempt  from  confiscation,  or  from  any  tax  or 


51  [60 

duty  upon  the  sale  or  exchange  of  the  same,  or  upon  the  withdrawal 
of  the  said  property  from  the  country;  and  the  owners  thereof 
shall  be  permitted  to  sell  and  dispose  of  the  said  property,  in  the 
same  manner,  in  all  respects  whatever,  as  if  it  had  been  imported 
into  the  country  in  time  of  peace,  and  had  paid  the  duties  under 
the  laws  of  either  party,  respectively. 

ARTICLE  X. 

The  treaty  of  amity,  commerce,  and  navigation  concluded  at  the 
city  of  Mexico  on  the  fifth  day  of  April,  A.  D.  1831,  between  the 
United  States  of  America  and  the  United  Mexican  States,  and  every 
article  thereof,  with  the  exception  of  the  additional  article,  are 
hereby  revived  for  the  period  of  eight  years  from  the  day  of  the 
ratifications  of  this  treaty,  with  the  same  force  and  virtue  as  if  they 
made  part  of  the  context  of  the  same;  it  being  understood  that  each 
of  the  contracting  parties  reserves  to  itself  the  right,  at  any  time 
after  the  said  period  of  eight  years  shall  have  expired,  to  terminate 
the  same,  by  giving  one  year's  notice  of  such  intention  to  the  other 
party.  . 

ARTICLE  XI. 

This  treaty  shall  be  approved  and  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  b/  the  President  of  the  United  Mexican 
States,  with  the  previous  approbation  of  their  general  Congress; 
and  the  ratifications  shall  be  exchanged  in  the  city  of  Washington 
within  six  months  from  the  date  of  the  signature  thereof,  or  sooner 
if  practicable. 

In  faith  whereof,  we,  the  respective  representatives,  have  signed 
this  treaty,  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate,  at  ,  the  day  of  , 

A.  D.  one  thousand  eight  hundred  and  forty-seven. 


Mr.  Trist  to  Mr.  Buchanan. — Extract. 

[No.  6.]  PUEBLA,  June  3,  1847. 

SIR: 

*  *  #  *  #  #  ••  #  * 

I  enclose  also  a  letter  addressed  to  me  by  a  gentleman  whose 
name  will  be  communicated  hereafter.  Being  struck  with  the 
clearness  and  comprehensiveness,  as  well  as  the  justness,  of  the 
views  expressed  by  him  in  conversation  with  me,  I  requested  him 
to  commit  the  substance  to  writing;  which  he  has  obligingly  done. 
I  beg  leave  to  call  your  attention  to  the  part  relating lo  the  point 
below  the  Paso  del  Norte,  to  which  he  attaches  great  importance  in 
a  military  point  of  view.  If  deemed  proper,  the  boundary  defined 


[  60  ]  52 

in  my  instructions  might  easily  be  modified  in  accordance  with  this 
suggestion  (so  far  as  regards  that  post)  by  saying,  "up  the  middle 
of  the  Rio  Bravo  to  the  32d  degree  of  north  latitude;  thence  due 
•west  to  a  point  due  south  of  the  southwestern  angle  of  New  Mex 
ico;  thence  due  north  to  the  said  angle;  thence  along  the  western 
boundary,"  &c.  I  will  add,  that  he  has  not  the  slightest  idea  of 

what  my  instructions  contain  on  this  or  any  other  subject. 

******** 

Hon.  JAMES  BUCHANAN, 

Secretary  of  State. 


Mr.  Buchanan  to  Mr.  Trist. — Extract. 

[No.  2.]  DEPARTMENT  OF  STATE, 

Washington,  June  14,  1847. 

SIR: 

*  *  #  ###*##• 

Enclosed  I  transmit  you  a  copy  of  the  orders  issued  on  the  llth 
instant  by  the  President,  to  the  Secretaries  of  War  and  of  the 
Navy,  upon  the  report  of  the  Secretary  of  the  Treasury  of  the  day 
preceding,  in  relation  to  the  Mexican  tariff.  From  these,  you  will 
perceive,  it  has  been  announced  to  the  world,  that  the  government 
intend  to  provide  by  treaty  with  Mexico,  that  goods  imported  into 
any  of  the  ports  of  that  country,  whilst, in  our  military  possession^ 
shall  be  exempt  from  any  new  import  duty  or  charge  after  the  con 
clusion  of  peace.  This  will  render  it  necessary  for  you  to  insist 
upon  the  insertion  of  the  9th  article  of  the  projet  in  the  treaty. 
Indeed,  you  may  consider  this  as  a  sine  qua  non. 
Yours,  very  respectfully, 

JAMES  BUCHANAN. 

To  N.  P.  TRIST,  Esq  , 


Mr.  Buchanan  to  Mr.  Trist. — Extract. 

[No.  3.]  DEPARTMENT  OF  STATE, 

Washington,  July  13,  1847. 
SIR: 

***  *  *  *  *** 

According  to  the  suggestion  in  your  despatch,  No.  6,  you  are  au 
thorized  to  modify  the  boundary  contained  in  your  instructions,  so 
as  to  make  it  read,  "up  the  middle  of  the  Rio  Grande  to  the  thirty- 
second  degree  of  north  latitude;  thence  due  west  to  a  point  due 
south  of  the  southwestern  angle  of  New  Mexico;  thence  due  north 
to  the  said  angle;  thence  northward  along  the  western  line  of  New 
Mexico,"  &c.,  &c.,  &c.  This  modification,  which  would  embrace 
the  Paso  del  Norte  within  the  limits  of  the  United  States,  is  deemed 


53  [  60  ] 

important:   still    you  are  not  to  consider  it  as  a  sine  qua  no/i,  nor 
suffer  it  to  delay  the  conclusion  of  a  treaty. 

I  would  suggest  another  and  more  important  modification  of  the 
line;  and  this  is,  to  run  it  along  the  thirty-second  parallel  of  north 
latitude  from  the  Rio  Grande  to  the  middle  of  the  gulf  of  Califor 
nia,  and  thence  down  the  middle  of  the  gulf  to  the  Pacific  ocean; 
or  if  this  cannot  be  obtained,  to  run  it  due  west  from  the  southwest 
angle  of  New  Mexico  to  the  middle  of  the  gulf.  Either  of  these 
lines  would  include  within  our  limits  the  whole  course  of  the  Gila. 
From  information  derived  from  Major  Emory,  the  valley  of  that 
river  presents  a  favorable  route  for  a  railroad  to  the  Pacific;  but 
this  would  sometimes  pass  on  the  one  side  and  sometimes  on  the 
other  of  the  bed  of  the  stream.  For  this  reason  it  is  deemed  im 
portant  that  the  whole  valley  of  that  river  should  be  included 
within  the  boundary  of  the  United  States.  You  are,  therefore,  au 
thorized  and  instructed  to  make  the  first,  or  if  this  cannot  be  ob 
tained,  the  second  modification  above  suggested,  in  the  line;  but 
still  with  the  understanding  that  neither  of  these  two  changes  is  to 
be  considered  as  a  sine  qua  7ion,nor  is  it  to  delay  the  conclusion  of 
a  treaty. 

In  case  Lower  California  cannot  be  obtained,  then  the  line  might 
be  run  on  the  parallel  of  thirty-two  degrees,  or  due  west  from  the 
southwest  corner  of  New  Mexico  to  the  Pacific  ocean.  If  the  lat 
ter  line  should  be  adopted,  care  must  be  taken  that  San  Miguel 
shall  be  included  within  our  limits. 

Yours,  very  respectfully, 

JAMES  BUCHANAN. 

To  N.  P.  TRIST,  Esq.,  #c.,  £c.,  #c. 


Mr.  Buchanan  to  Mr.  Trist-. — Extract. 

[No.  4.]  DEPARTMENT  OF  STATE, 

Washington,  July  19,  1847. 

SIR;  f  enclose  you  a  duplicate  pf  my  despatch  No.  3,  of  the  13th 
instant. 

The  more  I  refle.ct  upon  the  subject,  the  better  ami  convinced  of 
the  importance  of  running  the  boundary  line  between  the  Rio 
Grande  and  the  gulf  of  California,  along  the  thirty-second  parallel 
of  north  latitude.  We  cannot  learn  that  the  boundaries  of  New 
Mexico  have  ever  been  authoritatively  and  specifically  determined; 
and  difficulties  might  hereafter  arise  between  the  two  governments 
in  ascertaining  where  the  south-western  angle  of  New  Mexico  is 
situated.  A  conversation  with  Major  Emory  since  the  date  of  my 
last  despatch,  has  convinced  me  still  more  of  the*  importance  of 
this  modification. 

You  will,  therefore,  in  the  copy  of  the  projet  of  a  treaty  which 
you  are  instructed  to  present  to  the  Mexican  plenipotentiary,  if  this 
be  not  too  late,  substitute  the  following,  instead  of  the  4th  article: 

ARTICLE  4. — The  boundary  line  between  the  two  republics  shall 


[  60  ]  54 

commence  in  the  gulf  of  Mexico  three  leagues  from  the  land,  oppo 
site  the  mouth  of  the  Rio  Grande";  from  thence  up  the  middle  of 
that  river  to  the  thirty-second  parallel  of  north  latitude;  from 
thence  due  west  along  this  parallel  of  latitude  to  the  middle  of  the 
gulf  of  California;  thence  down  the  middle  of  the  same  to  the  Pa 
cific  ocean. 

It  is  not  intended  that  you  shall  make  the  parallel  of  32°,  instead 
of  the  river  Gila,  a  sine  que  non ;  but  yet  it  is  deemed  of  great  im 
portance  that  you  should  obtain  this  modification,  if  it  be  prac 
ticable. 

If  Lower  California  cannot  be  obtained, then  the  line  on  the  par 
allel  of  32°  might  be  extended  to  the  Pacific  ocean;  taking  care,  in 
that  event,  to  secure  to  our  citizens,  in  accordance  with  your  origi 
nal  instructions,  "  in  all  time  to  come,  a  free  and»uninterrupted  ac 
cess  to  and  from  the  ocean  through  the  gulf  of  California,  from  and 
to  their  possessions  north  of  the  said  division  line." 

Major  Emory,  whilst  in  California,  has  accurately  ascertained  the 
latitude  of  two  important  points  in  that  country.  The  latitude  of 
the  town  of  San  Diego  is  32°  44'  59".  The  harbor  is  some  miles 
south  of  the  town.  The  latitude  of  the  mouth  of  the  Gila  where  it 

empties  into^  the  Colorado,  is  32°  43'. 

*   #  #*"  #  #  =*  #  *  # 

To  N.  P.  TRIST,  Esq.,  #c.,  #c.,  &c. 


Mr.  Buchanan  to  Mr.  Trist. 

[No.  5.J  DEPARTMENT  OF  STATE, 

Washington,  October  6,  1847. 

SIR: /On  thp  2d  instant,  there  was  received  at  this  department, 
from  Vera  Cruz,  a  printed  document  in  Spanish,  consisting  of  eight 
quarto  pages,  and  entitled  u  Contestaceones  habedas  entre  el  Su 
premo  Gobierno  Mexicano,  el  General  en  Gefe  del  ejercito  Ameri 
cano,  y  el  Comisionado  de  los  Estados  Unidos."  This  purports  to 
give  a  history  in  detail  of  the  origin,  progress,  and  unsuccessful 
termination  of  your  negotiations  with  the  Mexican  commissioners. 
The,  counter  projet  of  the  Mexican  government  is,  indeed,  under  all 
the  circumstances,  a  most  extraordinary  document.  Its  extrava 
gance  proves  conclusively  that  they  were  insincere  in  appointing 
commissioners  to  treat  for  peace,  and  that  the  armistice  and  subse 
quent  negotiations  were  intended  merely  to  gain  time.  They  must 
have  known  that  the  government  of  the  United  States  never  would 
surrender  either  the  territory  between  the  Nueces  and  the  Rio 
Grande,  or  New  Mexico,  or  any  portion  of  Upper  California — never 
would  indemnify  Mexican  citizens  for  injuries  they  may  have  sus 
tained  by  o*ur  troops  in  the  prosecution  of  the  present  just  and  ne 
cessary  war — and  never  could,  without  dishonor,  suffer  the  Mexican 
government  to  levy  new  duties  upon  goods  imported  into  ports  now 
in  our  actual  possession  which  had  already  paid  duties  to  the  United 
States.  To  propose  such  terms,  was  a  mere  mockery.  And  here  I 


55  [  60  ] 

ought  to  observe,  in  justice  to  yourself,  that  we  do  not  believe 
there  is  any  truth  in  the  assertion  of  the  Mexican  commissioners, 
that  you  had  proposed  (if  the  other  terms  of  the  treaty  were  made 
satisfactory)  to  refer  to  your  government,  "  with  some  hope  of  a 
good  result,"  the  question  of  surrendering  .to  Mexico  that  portion 
of  the  sovereign  State  of  Texas  between  the  Nueces,and  the  Rio 
Grandee,  or  any  part  of  Upper  California. 

Your  original  instructions  were  framed  in  the  spirit  of  forbear 
ance  and  moderation.  It  was  hoped,  that  after  the  surrender  of 
Vera  Cruz  and  the  castle  of  San  Juan  d'Ulloa,  the  Mexican  govern 
ment  would  be  willing  to  listen  to  the  counsels  of  peace.  The 
terms,  therefore,  to  which  you  were  authorized  to  accede,  were  of 
the  most  liberal  character,  considering  our  just  claims  on  Mexico, 
and  our  success  in  the  war.  New  Mexico,  the  Californias,  several 
of  the  northern  States,  and  most  of  the  important  ports  of  Mexico, 
were  then  in  our  possession;  and  yet  we  were  at  that  time  willing 
freely  to  surrender  most  of  these  conquests,  and  even  to  make  an 
ample  compensation  for  those  which  we  retained. 

Circumstances  have  entirely  changed  since  the  date  of  your  origi 
nal  instructions.  A  vast  amount  of  treasure  has'  since  been  ex 
pended;  and,  what  is  of  infinitely  more  value,  the  lives  of  a  great 
number  of  our  most  valuable  citizens  have  been  sacrificed  in  the 
prosecution  of  the  war. 

In  the  annals  of  history  never  has  there  been  a  war  conducted  in 
the  same  manner  by  invading  forces.  Instead  of  levying  military 
contributions  for  the  support  of  our  armies  in  the  heart  of  our  ene 
my's  country,  we  have  paid  fair,  and  even  extravagant  prices,  for 
all  the  supplies  which  we  have  received.  We  have  not  only  held 
sacred  the  private  property  of  the  Mexicans,  but  on  several  occa 
sions  have  fed  their  famishing  soldiers,  and  bound  up  their  wounds. 
And  what  has  been  the  return?  Treachery  and  cruelty  have  done 
their  worst  against  us.  Our  citizens  have  been  murdered,  and  their 
dead  bodies  mutilated,  in  cold  blood,  by  bands  of  savage  and  cow 
ardly  guerillas;  and  the  parole  of  honor,  sacred  in  all  civilized  war 
fare,  has  been  habitually  forfeited  by  Mexican  officers  and  soldiers. 
Those  paroled  at  Vera  Cruz  have  fought  against  us  at  Cerro  Gordo; 
and  those  paroled  at  Cerro  Gordo  have  doubtless  been  in  the  ranks 
of  the  enemy  in  the  battles  so  glorious  to  our  arms  at  and  near  the 
city  of  Mexico. 

After  the  battle  of  Cerro  Gordo,  the  President  entertained  serious 
thoughts  of  modifying  your  instructions,  at  least  so  far  as  greatly  to 
'reduce  the  maximum  sums  which  you  were  authorized  to  pay  for 
portions  of  the  Mexican  territory;  but,  wishing  to  afford  to  the 
world  an  example  of  continued  moderation  and  forbearance  in  the 
midst  of  victory,  he  suffered  them  to  remain  unchanged.  And  what 
has  been  the  consequence?  , 

After  a  series  of  brilliant  victories,  when  our  troops  were  at  the 
gates  of  the  capital,  and  it  was  completely  in  our  power,  the  Mexi 
can  government  have  not  only  rejected  your  liberal  offers,  but  have 
insulted  our  country  by  proposing  terms  the  acceptance  of  which 
would  degrade  us  in  the  eyes  of  the  world,  and  be  justly  condemned 


[  60  ]  56 

by  the  whole  American  people.  They  must  attribute  our  liberality 
to  fear,  or  they  must  take  courage  from  our  supposed  political  di 
visions.  Some  such  cause  is  necessary  to  acount  for  their  strange 
infatuation.  In  this  state  of  affairs,  the  President,  believing  that 
your  continued  presence  with  the  army  can  be  productive  of  no 
good,  but  may  do  much  harm  by  encouraging  the  delusive  hopes 
an  1  false  impressions  of  the  Mexicans,  has  directed  me  to  recall 
you  from  your  mission,  and  to  instruct  you  to  return  to  the' United. 
States  by  the  first  safe  opportunity.  He  has  determined  not  to  make 
another  offer  to  treat  with  the  Mexican  government,  though  he  will 
be  always  ready  to  receive  and  consider  their  proposals.  They 
must  now  first  sue  for  peace. 

What  terms  the  President  may  be  willing  to  grant  them  will  de 
pend  upon  the  future  events  of  the  war,  and  the  amount  of  the 
precious  blood  of  our  fellow  citizens  and  the  treasure  which  shall 
in  the  mean  time  have  been  expended. 

Should  the  Mexican  government  dtsire  hereafter  to  open  nego 
tiations,  or  to  propose  terms  of  peace,  their  overtures  will  be  im 
mediately  transmitted  to  Washington  by  the  commanding  general, 
where  they  will  receive  the  prompt  consideration  of  the  President. 

Should  you  have  concluded  a  treaty  before  this  despatch  shall 
reach  you,  which  is  not  anticipated,  you  will  bring  this  treaty  with 
you  to  the  United  States,  for  the  consideration  of  the  President; 
but  should  you,  upon  its  arrival,  be  actually  engaged  in  negotia 
tions  with  Mexican  commissioners,  these  must  be  immediately  sus 
pended;  but  you  will  inform  them  that  the  terms  which  they  may 
have  proposed,  or  shall  propose,  will  be  promptly  submitted  to  the 
President  on  your  return.  You  are  not  to  delay  your  departure, 
however,  awaiting  the  communication  of  any  terms  from  these  com 
missioners,  for  the  purpose  of  bringing  them  to  the  United  States. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JAMES  BUCHANAN. 

To  NICHOLAS  P.  TRIST,  Esq., 

4rc.,  4rc.,  4rc. 


Mr.  Buchanan  to  Mr.  Trist. 

[No.  6.]  DEPARTMENT  OF  STATE, 

Washington,  October  25,  1847. 

SIR:  Your  despatches,  either  in  original  or  duplicate,  to  No.  16 
inclusive,  with  the  exception  of  Nos.  5  and  8,  have  been  received 
at  the  department. 

From  your  No.  15,  of  the  4th  September,  received  on  the  21st 
instant,  it  appears  that  y^ou  had  offered  to  the  Mexican  commissio 
ners,  that  if  they  would  propose  to  you  to  establish  the  boundary 
between  the  two  republics  by  a  line  by  which  the  United  States 
would  surrender  that  portion  of  the  State  of  Texas  between  the 
Rio  Grande  and  the  Nueces,  and  also  that  portion  of  Upper  Cali 
fornia  south  of  the  thirty-third  parallel  of  latitude,  between  the 


57  [  60  ] 

Colorado  and  the  Pacific  ocean,  you  would  transmit  such  a-propo- 
sition,  proceeding  from  them,  to  Washington,  and  would  propose 
to  General  Scott  to  continue  the  then  existing  armistice,  until  you 
should  receive  the  answer  of  your  government. 

You  will  have  learned  from  my  despatch  No.  5,  of  the  6th  inst., 
that  we  did  not  believe  there  was  any  truth  in  the  statement  of  the 
Mexican  commissioners,  that  you  had  made  such  a  proposal.  As 
this  fact  is  now  p'aced  beyond  a  doubt,  the  President  has  instructed 
me  to  express  to  you  his  profound  regret  that  you  should  have  gone 
so  far  beyond  the  carefully  considered  ultimatum,  to  whicL  you 
were  limited  by  your  instructions. 

The  State  of  Texas  is  in  the  exercise  of  peaceful  and  undisturbed 
jurisdiction  over  the  country  ^between  the  Nueces  and  the  Rio 
Grande.  She  has  made  extensive  grants  of  land  within  its  limits; 
divided  it  into  counties,  which  have  been  represented  in -her  con 
vention  and  legislative  assemblies;  established  courts  of  justice 
therein;  and,  in  short,  has  exercised  the  same  sovereign  rights  over 
it  as  over  any  other  portion  of  her  territory. 

Congress,  acting  upon  these  incontestable  facts,  as  well  as  upon 
the  cltar  right  of  Texas  to  extend  to  the  Rio  Grande,  in  December, 
1845,  created  a  port  of  delivery  west  of  the  Nueces,  at  Corpus 
Christi,  and  in  May,  1816,  established  post  routes  between  these 
two  rivers.  This  region,  also,  constitutes  a  part  of  one  of  the  con 
gressional  districts  of  Texas,  and  its  people  are  now  represented  in 
the  Congress  of  the  United  States. 

Under  these  circumstances,  the  President  could  not  for  a  single 
moment  entertain  the  question  of  surrendering  that  portion  of 
Texas,  even  if  this  were  practicable.  But  such  is  not  the  case. 
Considering  the  enterprising  and  energetic  character  of  the  Ame 
rican  people,  it  would  be  impossible  to  expel  by  force  the  inhabi 
tants  between  the  Nueces  and  the  Rio  Grande  from  their  posses 
sions,  and  to  convert  this  territory  into  a  desert,  for  the  security  of 
the  Mexican  frontier. 

The  President  has  also  directed  me  to  express  his  regret  that  you 
should  have  been  willing  to  entertain  the  question  of  surrendering 
any  portion  of  Upper  California  to  Mexico.  By  running  the  divi 
sion  line  from  the  Colorado  to  the  Pacific,  along  the  thirty-third 
parallel  of  latitude,  the  bay  and  harbor  of  San  Diego  would  be  re 
stored  to  the  Mexican  republic.  This  port,  being  nearly  five  de 
grees  further  south,  is,  for  every  commercial  purpose,  of  nearly 
equal  importance  to  the  United  States  with  that  of  San  Francisco. 
It  was  to  secure  to  us  the  bay  and  harbor  of  San  Diego  beyond  all 
question,  and  to  prevent  the  Mexican  government  from  hereafter 
contesting  the  correctness  of  the  division  line  between  Upper  and 
Lower  California,  as  delineated  on  the  map  which  you  carried  with 
you,  that  your  original  instructions  directed  that  if  you  could  not 
obtain  Lower  California,  the  4th  article  of  the  projet  should  in 
terms  fix  this  line  as  running  "  north  of  the  parallel  of  32°  and 
south  of  San  Miguel,  to  the  Pacific  ocean." 

To  have  arrested  our  victorious  army  at  the  gates  of  the  capital 
for  forty  or  fifty  days,  and  thus  to  have  afforded  the  Mexicans  an 


[60] 


58 


opportunity  to  recover  from  their  panic,  to  embody  their  scattered 
forces,  and  to  prepare  for  further  resistance,  in  order  that  in  the 
mean  time  you  might  refer  such  proposals  to  your  government, 
would,  in  the  President's  opinion,  have  been  truly  unfortunate. 

With  these  considerations  in  view,  the  President  has  directed  me 
to  reiterate  your  recall. 

The  date  of  the  last  despatch  received  at  the  War  Department 
from  General  Scott,  is  the  4th  June.  The  President  is  now  becom 
ing  apprehensive  that  he  may  not  receive  despatches  from  him 
before  the  meeting  of  Congress. 

I  transmit  herewith  a  copy,  in  triplicate,  of  my  despatch  No.  5. 
Yours,  very  respectfully, 

JAMES  BUCHANAN. 

To  N.  P.  TRIST,  Esq., 

4rc.,  Src.,  $c. 


Mr.  De  la  Rosa  to  Mr.  Trist. 

[Translation.] 

QUERETARO,  October  31,  1847. 

The  undersigned,  minister  of  foreign  relations  of  the  Mexican 
republic,  has  had  the  honor  to  receive  the  note  under  date  the  20th 
ultimo,*  addressed  to  him  by  his  excellency  Nicholas  Trist,  com- 
mission-er  of  the  United  States  of  America,  clothed  with  full 
powers  to  conclude  a  treaty  of  peace  with  the  said  republic.  The 
undersigned  has  received,  also,  the  note  of  his  excellency  Mr. 
Trist,  in  reply  to  that  addressed  to  him  under  date  the  6th  Septern- 
berf  by  their  excellencies  the  commissioners,  on  the  part  of  Mex 
ico,  for  negotiating  a  peace. 

Although  the  two  documents  referred  to  leave  but  little  hope 
that  peace  may  be  re-established,  the  undersigned  can  assure  his 
excellency,  Mr.  Trist,  that  the  government  of  Mexico  is  animated 
by  the  same  ardent  wish  as  his  excellency  for  the  cessation  of  a 
war,  the  calamities  of  which  now  bear  heavily  upon  this  republic; 
and  the  consequences  of  which  will,  sooner  or  later,  make  them 
selves  felt  by  the  United  States  of  America.  The  undersigned  will, 
in  consequence,  have  the  honor,  in  the  course  of  a  few  days,  to 
advise  his  excellency,  Mr.  Trist,  of  the  appointment  of  commis 
sioners  to  continue  the  negotiations  for  peace,  to  whom  will  be 
given  instructions  for  the  previous  adjustment  of  an  armistice, 
which  the  government  of  the  undersigned  believes  will  conduce 
greatly  to  the  good  result  of  the  said  negotiation. 

The  undersigned  offers  to  his  excellency,  Nicholas  Trist,  the  as 
surance  of  his  very  distinguished  consideration. 

LUIS  DE  LA  ROSA. 


*  This  note  has  not  been  received  at  the  Department  of  State. 

t  A  copy  of  this  note  has  been  communicated  to  the  Senate  in  legislative  session. 


59  .  [  60  ] 

Mr.  Trist  to  Mr.  Buchanan. 

[No,  21.]  HEAD  QUARTERS  OF  THE  U.  S.  ARMY,  ' 

Mexico,  November  27,  1847. 

SIR:  I  have  the  honpr  to  acknowledge  the  receipt,  on  the  16th 
instant,  by  a  courier  from  Vera  Cruz,  of  your  despatch  of  the  25th 
ultimo,  accompanied  by  the  triplicate  of  that  of  the  6th  of  the  same 
month,  the  original  of  which  was  delivered  to  me  on  the  evening 
of  the  next  day,  by  Mr.  Smyth,  the  bearer  of  despatches.  The 
.  duplicate  has  not  yet  come  to  hand.  It  probably  forms  part  of  the 
large  mail  which,  agreeably  to  the  intelligence  received  here,  left 
Vera  Cruz  in  company  with  General  Patterson,  who  had  stopped 
at  Jalapa. 

On  a  future  occasion,  perhaps,  should  I  ever  find  time  to  employ 
on  a  theme  so  insignificant  with  respect  to  the  public  interests,  and 
so  unimportant  in  my  own  eyes,  so  far  as  regards  its  bearings  upon- 
myself  personally,  I  may  exercise  the  privilege  of  ^examining  the 
grounds  for  the  censure  cast  upon  my  course  by  the  President,  and 
explaining  those  upon  which  rests  the  belief  still  entertained  by 
me,  that  that  course  was  calculated  to  attain  the  end  contemplated 
by  our  government,  and  was  the  only  one  which  afforded  the  slight 
est  possibility  of  its  being  attained;  the  end,  I  mean,  of  bringing 
about  a  treaty  of  peace  on  the  basis,  in  all  material  respects,  of  the 
project  intrusted  to  me.  For  the  present  I  will  merely  call  atten 
tion  to  the  fact,  that  a  mere  offer  to  refer  a  question  to  my  govern 
ment  constitutes  the  only  ground  on  which  I  can  be  charged  with 
having  u  gone  so  far  beyond  the  carefully  considered  ultimatum  to 
which  I  was  limited  by  my  instructions."  Whether  this  offer, 
under  the  circumstances,  and  prospects  of  the  crisis  when  it  was 
made,  was  wise  or  unwise — I  mean  with  reference  to  the  end  de 
sired  by  our  government — is  a  question  which  no  longer  possesses 
any  practical  importance;  though  the  time  was,  when  it  constituted 
with  me  a  subject  of  the  most  careful  and  the  most  anxious  deliber 
ation;  not  because  of  the  personal  responsibility  attaching  to  the 
decision  in  which  that  deliberation  resulted — for  that  never  occu 
pied  my  mind  for  an  instant — but  because  I  knew,  and  I  felt^  that 
upon  my  own  decision  depended,  according  to  every  human  proba 
bility,  the  early  cessation  of  the  war,  or  its  indefinite  protraction. 
The  alternative  presented  by  the  position  in  which  I  found  myself 
was,  on  the  one  hand,  to  keep  on  safe  ground  so  far  as  I  was  per 
sonally  concerned,  jmd  destroy  the  only  possible  chance  for  a  peace; 
on  the  other  hand,  to  assume  responsibility,  and  keep  that  chance 
alive,  with  some  prospect  at  least — and,  all  things  considered,  as 
perhaps  I  may  hereafter  take  the  trouble  to  show,  by  no  means  a 
prospect  to  be  despised,  under  such  circumstances — that  the  adop 
tion  of  our  projet  might  come  to  pass. 
*  *  *  *  •  #  #  #  *  * 

Upon    perusing  your    two    despatches   above    referred  to,  my  first 
thought  was  immediately  to  address  a  note  to  the  Mexican  govern-     < 
ment,  advising  them  of  the  inutility  of  pursuing  their  intention  to 


[  60  ]  .  60 

appoint  commissioners  to  meet  me.  On  reflection,  however,  the 
depressing  influence  which  this  would  exercise  upon  the  peace 
party,  and  the  exhiliration  which  it  would  produce  among  the  op 
position,  being  perfectly  manifest,  I  determined  to  postpone  mak-1 
ing  this  communication  officially,  and  meanwhile  ptivately  to 
advise  the  leading  men  of  the  party  here,  and  at  Queretaro,  of  the 
instructions  which  I  had  received.  Their  spirits  had,  for  the  last 
few  days,  been  very  much  raised  by  the  course  of  events  at  Quere 
taro;  and  one  of  them  (the  second  of  the  two  heads  mentioned  in  a 
late  despatch)  called  on  me  on  the  very  day  after  your  despatches 
came  to  hand,  for  the  purpose  of  communicating  "the  good  news," 
and  making  known  "  the  brightening  prospects."  Upon  my  say 
ing  that  it  was  all  too  late,  and  telling  what  instructions  I  had  re 
ceived,  his  countenance  fell,  and  flat  despair  succeeded  to  the 
cheeriness  with  which  he  had  accosted  me.  The  same  depression 
has  been  evinced  by  every  one  of  them  that  I  have  conversed  with, 
whilst  joy  has  been  the  effect  with  those  of  the  opposite  party  who 
have  approached  me  to  inquire  into  the  truth  of  the  newspaper 
statement  from  the  Union.  By  both  parties  the  peace  men  were 
considered  as  floored;  this  was  the  coup  de  grace  for  them. 

Mr.  Thornton  was  to  set  out  (as  he  did)  the  next  morning  for 
Queretaro;  and  I  availed  myself  of  this,  privately  to  apprize  the 
members  of  the  government  of  the  state  of  things,  with  reference  to 
which  their  exertions  in  favor  of  peace  must  now  be  directed,  and 
to  exhort  them  not  to  give  up,  as  those  here  had  at  first  seemed 
strongly  disposed  to  do,  and  as  it  was  believed  here  that  those  at 
Queretaro  would  at  once  do.  Fortunately,  however,  when  the 
news  reached  there,  they  had  just  taken  in  a  strong  dose  of  confi 
dence — the  result  of  the  meeting  of  the  governors — -.which  has 
served  to  brace  them  against  its  stunning  effect.  Mr.  Thornton 
left  here  on  the  17th,  and  was  to  complete  his  journey  on  the  even 
ing  of  the  21st.  Before  he  had  reached  there,  I  was  privately  ad 
vised  here  of  the  appointment  of  the  commissioners  named  in  the 
official  note  from  the  minister  of  relations,  under  date  the  22d, 
herein  enclosed,  together  with  a  copy  of  my  reply  to  the  same, 
which  was  despatched  from  Queretaro  on  the  morning  of  that  day. 
Their  extreme  anxiety  on  the  subject  may  be  judged  of  from  the 
fact,  that  I  have  received  already  the  same  communication  in  du 
plicate  and  triplicate.  The  peace  men  did  not  cease  for  several 
days  to  implore  me  to  remain  in  the  country,  at  least  until  Mr. 
Parrott  shall  have  arrived  with  the  despatches  of  which  report 
makes  him  the  bearer.  To  these  entreaties,  however,  I  have 
turned  a  deaf  ear,  stating  the  absolute  impossibility  that  those  de 
spatches  should  bring  anything  to  change  my  position  in  the  slight 
est  degree.  General  Scott  at  once  said  that  he  would  despatch  a 
train  at  any  time  I  might  name.  And  I  should  have  set  out  before 
this,  but  for  two  considerations:  one,  that  the  garrison  here  is  al 
ready  so  small  that  its  duties  are  exceedingly  oppressive  to  both 
officers  and  men,  and  the  matter  would  be  made  still  worse  by  the 
detachment  of  another  escort;  the  other,  that  General  Scott  *  * 


61  [ 60  ] 

For  these  reasons  I  determined  to  postpone  my  departure  until  the 
return  of  the  train  under  Lieutenant  Colonel  Johnson,  which  is  ex 
pected  on  the  4th  or  5th  of  next  month.  Should  it  be  delayed 
beyond  that  time,  and  should  any  reinforcements  h^ve  arrived  here 
or  be  near,  I  will  set  out  immediately  after.  It  will  take  us  twelve 
flays  at  least  to  reach  Vera  Cruz. 

I  recommended  to  the  peace  men  to  send  immediately,  through 
General  Scott,  whatever  propositions  they  may  have  to  make,  or  to 
despatch  one  or  more  commissioners  with  me.  After  full  conver 
sations  on  the  subject,  however,  I  became  thoroughly  satisfied  of 
the  impracticability  of  either  plan:  it  would,  to  a  certainty,  frave 
the  effect  of  breaking  them  down.  The  only  possible  way  in  which 
a  treaty  can  be  made  is,  to  have  the  work  done  on  the  spot;  ne 
gotiation  and  ratification  to  take  place  at  one  dash.  The  complex 
ion  of  the  new  Congress,  which  is  to  meet  at  Queretaro  on  the  8th 
of  January,  is  highly  favorable.  This  will  be  the  last  chance  for 
a  treaty.  I  would  recommend,  therefore,  the  immediate  appoint 
ment  of  a  commissioner  on  our  part. 

1  am,  sir,  in  great  haste,  and  very  respectfully,  your  obedient 
servant, 

N.  P.  TRIST. 

Hon.  JAMES  BUCHANAN, 

Secretary  of  State. 


Mr.  Pena  y  Pena  to  Mr.  Trist. 

[Translation.] 

QUERETARO,  November  22,  1847. 

The  undersigned,  minister  of  relations  of  the  Mexican  govern 
ment,  has  the  honor  to  address  the  present  note  to  his  excellency 
Don  Nicholas  Trist,  commissioner  of  the  United  States  of  the 
north,  and  to  acquaint  his  excellency  that  the  provisional  govern 
ment  of  the  president  of  the  supreme  court  of  justice  of  Mexico 
being  ended  by  the  election  of  Don  Pedro  Maria  Annaya  as  presi 
dent  of  the  republic  ad  interim,  and  his  excellency  having  ap 
pointed  the  undersigned  the  head  of  this  department  of  relations, 
the  new  President  at  once  began  to  inform  himself  respecting  the 
last  discussions  which  took  place  between  his  excellency  Mr. 
Trist  and  this  department. 

Seeing  in  them  the  ardent  desire  which  his  excellency  states  he 
entertains,  to  cause  an  end  to  be  put  to  the  calamities  of  the  war 
•which  unfortunately  severs  both  republics,  and  that  for  this  pur 
pose  the  appointment  of  commissioners  on  the  part  of  Mexico  was 
pending,  which  appointment  the  president  of  the  supreme  court  of 
justice  did  not  make  on  account  of  the  temporary  character  of  his 
government,  the  present  president  has  decided  to  choose  anew  the 
same  two  gentlemen  who  had  already  been  appointed — Don  Ber 
nardo  Conto  and  Don  Miguel  Atnstain;  and  Don  Jose  Joaquin  Her- 


[60] 


62 


rera  and  Don  Ignacio  Mora  y  Villamil  n'ot  having  it  in  their  power 
to  continue  upon  the  commission — the  first  in  consequence  of  being 
seriously  ill,  and  the  second  in  consequence  of  being  appointed 
minister  of  war — Don  Manuel  Rincon  and  Don  Luis  Gonzaga  Cue- 
vas  have  been  appointed  instead  of  those  two  individuals,  and 
have  been  duly  informed  thereof  by  the  undersigned. 

But  as  those  gentlemen  are  in  different  parts  of  the  republic, 
although  not  very  far  from  this  city,  they  have  been  requested  to 
repair  hither  forthwith,  to  receive  their  appropriate  instructions; 
and,  when  received,  they  will  communicate  with  his  excellency 
Mr.  Trist,  in  order  that,  upon  proper  conditions,  the  conferences 
which  remain  pending  may  be  continued,  and  may  lead  to  the 
happy  result  of  an  honorable  and  useful  peace. 

The  undersigned  sincerely  unites  his  desires  to  those  of  his  ex 
cellency  Mr.  Trist,  that  the  powers  conferred  may  not  be  vain  or 
useless;  and,  with  that  view,  he  has  the  satisfaction  of  offering  to 
his  excellency  the  assurances  of  his  very  distinguished  considera 
tion. 

MANUEL  DE  LA  PENA  Y  PENA. 


Mr.  Trist  to  Mr.  Pena  y  Pena. 

« 

MEXICO,  November  24,  1847. 

The  undersigned  has  the  honor  to  acknowledge  the  receipt  of  the 
note,  under  date  the  22d  instant,  of  his  excellency  Don  Manuel  de 
la  Pena  y  Pena,  minister  of  relations  of  the  Mexican  government, 
acquainting  him  of  the  appointment  ofthe  commissioners  therein 
named,  to  negotiate  for  the  restoration  of  Peace.  The  under 
signed  regrets  to  say,  in  reply,  that  the  powers  conferred  upon  him 
for  that  purpose  have  been  revoked,  and  that,  agreeably  to  the  in 
structions  received  by  him,  he  is  under  the  necessity  of  returning, 
without  delay,  to  the  United  States.  At  the  same  time,  he  has  been 
instructed  to  say  that  any  communication  from  the  Mexican  gov 
ernment,  having  for  its  object  the  opening  of  negotiations  for  the 
restoration  of  peace,  will  be  immediately  transmitted  by  the  com 
manding  general  of  the  United  States  forces  of"  this  republic,  to 
Washington,  where  it  will  receive  the"  prompt  consideration  of  the 
President. 

The  undersign'ed  still  cherishes,  therefore,  the  hope  that  the  sig 
nature  of  the  treaty,  which  has  been  reserved  for  another  hand 
than  his,  is  destined  to  take  place  at  an  early  day.  In  this  hope, 
he  tenders  to,  &c.,  &c., 

N.  P.  TRIST. 

To  his  Excellency  Don  MANUAL  DE  LA  PENA  Y  PENA, 

Minister  of  Relations  of  the  Mexican  government. 


63  [  60  ] 

Mr.  Trist  to  a  confidential  friend  at  Queretaro. 

[CONFIDENTIAL.  |  MEXICO,  December  4,  1847. 

MY  DEAR  MR.  :  This   letter   will    occasion    you   great 

surprise,  but  no  greater  than  I  should  myself  have  experienced  a 
few  hours  ago,  had  a  seer,  in  whose  prophetic  powers  I  put  faith, 
foretold  to  me  that  I  was  to  write  it.  Down  to  that  moment,  I 
have,  from  the  time  when  I  last  wrote  to  you,  considered  it  as  a 
thing  fixed  and  unchangeable — as  absolutely  fixed  as  any  thing  can' 
be — that  the  treaty  of  peace,  which  I  yet  hoped  might  take  place 
at  an  early  day,  was  not  to  be  signed  by  my  hand.  True,  every 
time  the  subject  presented  itself  to  my  mind,  my  fears  had  become 
greater  and  greater  that  the  opportunity  would  be  lost.  The  criti 
cal  position  of  the  peace  party — whose  difficulties  and  whose  peril, 
as  we  fully  know,  cannot  but  augment  with  every  revolving.  houra 
until  their  object  shall  have  been  consummated — had  seldom  been 
absent  from  my  thoughts;  and  every  time  it  occurred  to  me,  I  be 
came  more  and  more  deeply  and  anxiously  impressed  with  the  pro 
bability  that,  through  mere  delay,  through 'the  mere  loss  of  a  few 
weeks,  all  their  efforts  were  to  prove  vain;  that  the  incessant  exer 
tions,  the  indefatigable  industry,  and  the  patriotic  courage  on  their 
part,  by  which  the  present  state  of  things  has  been  brought  about, 
were,  after  all,  to  result  in  nothing;  nay,  in  something  far  worse 
than  nothing;  their  own  entire  prostration  and  dissolution,  through 
flat  despair  and  death  to  the  sentiment  of  peace,  in  every  bosom 
which  has  cherished  it.  Still,  although  this  has  constantly  been 
the  state  of  my  mind  on  the  subject,  I  have  never,  until  a  few 
hours  ago,  for  an  instant  wavered  from  the  determination  expressed 
in  my  reply  to  your  letter;  never  once  conceived  the  possibility  of 
a  change  in  that  determination.  So  convinced  had  all  become  that 
it  was  fixed,  beyond  the  possibility  of  change,  that  all  en-treati'es 
and  arguments  to  move  me  had  long  ceased.  Nevertheless,  it  now 
stands  reversed.  For  good  or  for  evil,  this  reversal  has  occurred, 
and  has  been  made  known  in  the  proper  quarter.  I  am  now  re 
solved,  and  committed,  to  carry  home  with  me  a  treaty  of  peace,  if 
the  Mexican  government  feel  strong  enough  to  venture  upon 
making  one  on  the  basis,  as  regards  boundary,  of  the  projet  origi 
nally  presented  by  me,  modified  according  to  the  memorandum 
which  I  subsequently  gave  to  one  of  the  commissioners:  that  is  to 
say,  running  up  the  middle  of  the  Rio  Bravo  from  its  mouth  to  the 
thirty-second  degree  of  latitude,  and  thence  along  that  parallel  to 
the  Pacific  ocean;  with  free  access  to  and  from  the  ocean,  through 
the  Gulf  of  California,  from  and  to  our  possessions. 

If  they  feel  able  to  make  and  carry  through  a  treaty  on  this»basis, 
it  would  be  utterly  idle  to  talk  or  to  think  for  an  instant  of  any 
other,  and  I  cannot  listen  to  a  single  word  on  the  subject:  let  them 
say  the  word,  and  the  treaty  shall  be  made. 

If  they  do  not  feel  thus  able,  let  them  surrender  at  once  to  the 
Paros,  and  dismiss  forever  all  thought  of  a  treaty;,  for  it  is  the 
best  chance  that  Mexico  can  have  one  equally  favorable  to  Iver,  or 


[60]  64 

indeed  for  one  which  any  party  in  this  country  can  accept.  I  am 
fully  persuaded  that  its  terms  would  not,  by  any  means,  meet  the 
views  now  entertained  by  my  government.  So  decided  is  my  belief 
on  this  point,  that  even  if  I  were  clothed  with  discretionary  powers 
to  make  any  treaty  which  I  deemed  compatible  with  those  views,  I 
could  not  consistently  with  this  limitation  offer  the  terms  I  now 
propose;  and  I  should  not  now  make  the  offer  but  for  my  clear  and 
perfect  conviction  on  these  three  points:  First,  that  peace  is  still 
the  desire  of  my  government:  Secondly,  that  if  the  present  oppor 
tunity  be  not  seized  at  once,  all  chance  for  making  a  treaty  at  all 
will  be  lost  for  an  indefinite  period — probably  forever:  Thirdly, 
that  this  is  the  utmost  point  to  which  the  Mexican  government  can, 
by  any  possibility,  venture. 

It  is  my  conviction  on  the  second  of  these  points  particularly — 
a  conviction  which  has  been  becoming  clearer  and  stronger  every 
day  for  the  last  fortnight — that  causes  me  to  depart  from  the  deter 
mination  I  had  taken;  a  determination  which,  in  any  other  position 
than  the  one  wherein  this  most  extraordinary,  this  altogether  un 
precedented  combination  of  circumstances,  places  me  with  refer 
ence  to  the  known  wishes  of  my  government  and  country — places, 
indeed,  that  very  country  itself — it  would  be  so  obviously  my  duty 
to  allow  nothing  to  shake.  In  my  last  despatch  home  I  repre 
sented  the  nature  of  the  crisis,  and  recommended  the  immediate 
appointment  of  a  commission.  I  then  hoped  that  this  step  might 
be  taken  in  time.  I  then  considered  that  whether  it  should  or 
should  not  so  turn  out,  and  whatever  might  be  the  consequences  of 
its  turning  out  otherwise,  I  had  nothing  to  do  but  close  my  eyes 
to  those  consequences;  for  they  had  passed  entirely  beyond  my 
Control.  I  did  so  close  my  eyes,  and  I  believed  for  the  moment 
that  the  subject  was  dismissed  forever  from  my  thoughts.  But 
ever  since  then,  the  hope  that  the  step  referred  to  can  be  taken  ere 
it  will  be  too  late,  has  been  becoming  fainter  and  fainter  every 
day;  and  as  it  has  thus  waned,  so  have  the  consequences  presented 
themselves  under  a  more  and  more  threatening  and  disheartening 
aspect,  as  they  loomed  up  through  the  dim  future  in  their  as 
yet  indistinct  and  ill-defined  character,  but  plainly  incalculable  im 
mensity. 

Thus  has  the  question  which  your  Jetter  had  raised  in  my  mind, 
and  which,  on  concluding  my  reply,  I  had  considered  as  dismissed 
for  once  and  all,  again  come  up,  and  brought  itself  home  to  m.e. 
What  is  my  line  of  duty  to  my  government  and  my  country,  in  tnis 
most  extraordinary  position  in  which  I  find  myself  ?  Knowing,  as 
I  do,  that  peace  is  the  earnest  wish  of  both,  is  it,  can  it  be  my  duty 
to  allo^w  this  last  chance  for  peace  to  be  lost,  by  my  conforming  to 
a  determination  of  that  government,  taken  with  reference  to  a  sup 
posed  state  of  things  in  this  country  entirely  the  reverse  of  that 
"which  actually  exists?  Upon  full  reflection,  I  have  come  to  the 
conclusion  that  my  duty  is  to  pursue  the  opposite  course;  and  upon 
this  conclusion  1  have  taken  my  stand.  It  remains  to  be  seen 
whet-  er  the  Mexican  government  can  come  up  to  the  mark,  and 
give  effect  to  my  rtsolve.  "Now  or  never"  is  the  word;  and 


65  [  60  ] 

I  need  not  say  to  you  that  this  word  is  uttered  in  all  sincerity,  and 
with  asttotal  an  absence  of  all  diplomatic  reserves  behind  it  as  ever 
occurred  in  the  most  solemn  vow  pronounced  by  man.  I  have  had 
no  new  instructions,  no  hint  of  any  kind  from  Washington  or  else 
where,  in  or  out  of  the  United  States.  The  .ease  stands  in  this  re 
spect  precisely  as  when  we  parted. 
I  am,  &c., 

N.  P.  TRIST. 


Mr.  Trist  to  Mr.  Buchanan. 

[No.  28.]  HEAD-QUARTERS  OF  THE  U.  S.  ARMY, 

Mexico,  February  2,  1848. 

SIR:  I  transmit  herewith  the  treaty  of  peace,  friendship,  limits 
and  settlement,  signed  one  hour  ago  at  the  city  of  Guadalupe;  a 
spot  which,  agreeably  to  the  creed  of  this  country,  is  the  most  sa 
cred  on  earth,  as  being  .the  scene  of  the  miraculous  appearance  of 
the  virgin,  for  the  purpose  of  declaring  that  Mexico  was  taken 
under  her  special  protection. 

During  the  negotiation — which  has  been  an  exceedingly  labo 
rious  one,  and  has  kept  me  closely  employed  for  several  weeks 
past,  during  every  day  and  night,  for  as  many  hours  as  I  could  pos 
sibly  give  to  labor — I  have  written  many  notes  which  would  serve 
as  an  explanation  of  the  treaty  in  all  its  stipulations;  and  I  have 
also  written  a  long  despatch  on  the  subject.  But  it  has  proved 
impossible  for  me  to  find  time  to  copy  these  papers,  or  to  get  them 
copied,  for  transmission.  They  will  go  some  days  hence  with  the 
duplicate  of  the  treaty.  Meanwhile,  this  must  speak  for  itself. 

It  will  be  delivered  to  you  by  Mr.  James  L.  Freaner,  the  corres 
pondent  of  the  New  Orleans  Delta,  who  has  given  such  celeb 
rity  to  the  signature  of  "Mustang."  For  a  service  of  this  kind  he 
would  be  my  first  choice,  by  far,  of  all  the  men  whom  I 
have  ever  known;  as  he  would  be  among  the  first  for  any  service 
which  a  man  may  be  qualified  for  by  high  integrity  of  character, 
strong,  manly,  good  sense,  extraordinary  sagacity  and  presence  of 
mind,  perfect  fearlessness,  and  many  other  noble  qualities;  all 
united  with  a  frame  of  steel,  and  the  sinews  of  a  mountain  deer. 
He  had»made  his  arrangements  for  leaving  this  place,  on  his  return 
to  the  United  States,  with  the  train  w.hich  I  had  myself  intended 
to  accompany,  and  which  set  out  from  hence  on  the  9th  of  Decem 
ber  last.  Aware  of  his  great  value  in  such  a  capacity,  at  a  junc 
ture  like  the  present,  when  the  loss  of  a  single  hour  might  be 
attended  with  consequences  the  most  momentous,  I  obtained  his 
consent  to  remain  here,  with  a  view  to  the  contingency  which  has 
occurred.  I  consider  him,  therefore,  as  having  been  in  the  em 
ployment  of  the  government  as  a  special  bearer  of  despatches,  from 
the  9th  of  December.  As  generous  and  disinterested  in  his  dispo 
sition  as  he  is  brave  and  upright,  he  would  be  perfectly  content 
with  the  consciousness  of  having  been  useful  to  our  country,  with- 
D 


[  60  ]  66 

out  any  other  reward;  but  I  have  told  him  that  I  should  insist  upon 
this  matter  being  placed  upon  the  footing  just  stated. 

With  respect  to  the  ratification  of  the  treaty,  I  believe  the 
chances  to  be  very  greatly  in  its  favor;  although  it  cannot 
be  counted  upon  in  less  than  two  months  from  the  date  of  the  pro 
clamation  whick  will  be  issued  by  the  executive,  summoning  the 
new  Congress.  The  elections  have  not  yet  been  held  in  the  States 
of 'Vera  Cruz  and  Puebla.  In  the  former,  the  Puros  (war  party) 
never  had  any  strength  whatever;  and  in  the  latter  not  enough  to 
counteract  a  vigorous  and  concerted  effort  on  the  part  of  the  Mod- 
erados.  These  elections  will  now  speedily  take  place  under  the 
arrangements  for  facilitating  them  which  will  be  entered  into  in 
pursuance  of  the  second  article  of  the  treaty,  (inserted  with  a  spe 
cial  view  to  this  object;)  and  the  result  will,  according  to  every 
probability,  give  to  the  peace  party  in  Congress  a  preponderance 
so  decided  as  to  insure  its  prompt  ratification. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

N.  P.  TRIST. 

Hon.  JAMES  BUCHANAN, 

Secretary  of  State. 


Mr.  Buchanan  to  the  Minister  of  Foreign  Relations  of  the  Mexican 

Republic. 

DEPARTMENT  OF  STATE, 
Washington,  March  18,  1848. 

SIR:  Two  years  have  nearly  passed  away  since  our  republics  have 
been  engaged  in  war.  Causes  which  it  would  now  be  vain,  if  not 
hurtful,  to  recapitulate,  have  produced  this  calamity.  Under  the 
blessing  of  a  kind  Providence  this  war,  I  trust,  is  about  to  termi 
nate;  and  hereafter,  instead  of  the  two  nations  doing  each  other  all 
the  harm  they  can,  their  mutual  energies  will  be  devoted  to  pro 
mote  each  other's  welfare,  by  the  pursuits  of  peace  and  of  com 
merce.  I  most  cordially  congratulate  you  on  the  cheering  pros 
pect.  This  will  become  a  reality  as  soon  as  the  Mexican  govern 
ment  shall  approve  the  treaty  of  peace  between  the  two  nations 
concluded  at  Guadalupe  Hidalgo  on  the  2d  February  last,  with  the 
amendments  thereto  which  have  been  adopted  by  the  Senate  of  the 
United  States. 

The  President,  in  the  exercise  of  his  constitutional  discretion,  a 
few  days  after  this  treaty  was  received,  submitted  it  to  the  Senate 
for  their  consideration  and  advice  as  to  its  ratification. 

Your  excellency  is  doubtless  aware,  that,  under  the  Constitution 
of  theUnited  States,  uthe  advice  and  consent  of  the  Senate"  is  ne 
cessary  to  the  validity  of  all  treaties,  and  that  this  must  be  given 
by  a  majority  of  two-thirds  of  the  Senators  present.  Every  treaty 
must  receive  the  sanction  of  this  august  executive  council,  in  the 
manner  prescribed  by  the  Constitution,  before  it  can  be  binding  on 
the  United  States. 


67  [  60  ] 

The  Senate  commenced  their  deliberations  on  this  treaty  on  the 
23d  February  last,  and  continued  to  discuss  its  provisions  until  the 
10th  instant,  (March,)  when  they  finally  advised  and  consented  to 
its  ratification,  by  a  majority  of  38  to  14.  Your  excellency  will 
perceive  that  a  change  of  four  votes,  taken  from  the  majority,  and 
added  to  the  minority,  would  have  defeated  the  treaty. 

I  have  now  the  honor  to  transmit  you  a  printed  copy  of  the  treaty, 
with  a  copy  in  manuscript  of  the  amendments  and  final  proceedings 
of  the  Senate  upon  it.  This  is  done  to  hasten,  with  as  little  delay 
as  practicable,  the  blessed  consummation  of  peace,  by  placing  in 
the  possession  of  the  Mexican  government,  at  as  early  a  period  as 
possible,  all  the  information  which  they  may  require  to  guide  their 
deliberations. 

In  recurring  to  the  amendments  adopted  by  the  Senate,  it  affords 
me  sincere  satisfaction  to  observe  that  none  of  the  leading  features 
of  the  treaty  have  been  changed.  Neither  the  delineation  of  the 
boundaries  between  the  two  republics;  nor  the  consideration  to  be 
paid  to  Mexico  for  the  extension  of  the  boundaries  of  the  United 
States;  nor  the  obligations  of  the  latter  to  restrain  the  Indians 
within  their  limits  from  committing  hostilities  on  the  territories  of 
Mexico;  nor,  indeed,  any  other  stipulation  of  national  importance 
to  either  of  the  parties,  has  been  stricken  from  the  treaty  by  the 
Senate.  In  all  these  important  features  it  remains  substantially  as 
it  was  when  it  came  from  the  hands  of  the  negotiators. 

The  first  amendment  adopted  by  the  Senate  is,  to  insert  in  arti 
cle  3,  after  the  words  "Mexican  republic,"  where  they  first  occur, 
the  words  il  and  the  ratifications  exchanged." 

Under  this  article,  as  it  orignally  stood,  the  blockades  were  to 
cease,  and  the  troops  of  the  United  States  were  to  commence  the 
evacuation  of  the  Mexican  territory  immediately  upon  the  ratifica 
tion  of  the  treaty  by  both  governments.  The  amendment  requires, 
in  addition,  that  these  ratifications  shall  have  been  first  exchanged. 

The  object  of  this  amendment,  doubtless,  was  to  provide  against 
the  possibility  that  the  American  Senate  and  the  Mexican  Congress 
might  ratify  the  treaty,  the  first  in  its  amended  and  the  latter  in  its 
original  form;  in  which  event,  peace  would  not  thereby  be  con 
cluded.  Besides,  it  was  known  that  this  amendment  could  pro 
duce  no  delay,  as  under  the  amendment  of  the  'Senate  to  the  23d 
article,  the  ratifications  of  the  treaty  may  be  exchanged  at  the  seat 
of  government  of  Mexico  the  moment  after  the  Mexican  govern 
ment  and  Congress  shall  have  accepted  the  treaty  as  amended  by 
the  Senate  of  the  United  States. 

The  second  amendment  of  the  Senate  is  to  strike  out  the  9th  ar 
ticle,  and  insert  the  following  in  lieu  thereof: 

"  ARTICLE  IX. 

u  The  Mexicans  who,  in  the  territories  aforesaid,  shall  not  pre 
serve  the  character  of  citizens  of  the  Mexican  republic,  conforma 
bly  with  what  is  stipulated  in  the  preceding  article,  shall  be  incor 
porated  into  the  Union  of  the  United  States  and  be  admitted,  at 


[60] 


68 


the  proper  time  (to  be  judged  of  by  the  Congress  of  the  United 
States)  to  the  enjoyment  of  all  the  rights  ©f  citizens  of  the  United 
States,  according  to  trie  principles  of  the  constitution;  and  in'the 
mean  time  shall  be  maintained  and  protected  in  the  free  enjoyment 
of  their  liberty  and  property,  and  secured  in  the  free  exercise  of 
their  religion  without  restriction." 

This  article  is  substantially  the  same  with  the  original  9th  ar 
ticle;  but  it  avoids  unnecessary  prolixity,  and  accords  with  the 
former  safe  precedents  of  this  government  in  the  treaties  by  which 
we  acquired  Louisiana  from  France  and  Florida  from  Spain.  The 
Louisiana  treaty,  of  the  30th  April,  1803,  contains  the  following 
article: 

"  ARTICLE  III. 

"  The  inhabitants  of  the  ceded  territory  shall  be  incorporated  in 
the  union  of  the  United  States,  and  admitted  as  soon  as  possible, 
according  to  the  principles  of  the  Federal  constitution,  to  the  en 
joyment  of  all  the  rights,  advantages,  and  immunities  of  citizens 
of  the  United  States;  and,  in  the  meantime,  they  shall  be  main 
tained  and  protected  in  the  free  enjoyment  of  their  liberty,  prop 
erty,  and  the  religion  which  they  profess." 

Again,  in  the  Florida  treaty,  of  February  22,  1819,  the  following 
articles  are  contained: 

"  ARTICLE  V. 

"The,  inhabitants  of  the  ceded  territories  shall  be  secured  in  the 
free  exercise  of  their  religion,  without  any  restriction:,  and  all 
those  who  may  desire  to  remove  to  the  Spanish  dominions  shall  be 
permitted  to  sell  or  export  their  effects  at  any  time  whatever, 
without  being  subject  in  either  case  to  duties." 

"  ARTICLE  VI. 

'  The  inhabitants  of  the  territories  which  his  Catholic  majesty 
cedes  to  the  United  States,  by  this  treaty,  shall  be  incorporated  in 
the  union  of  the  United  States  as  soon  as  may  be  consistent  with 
the  principles  of  the  Federal  constitution,  and  admitted  to  the  en 
joyment  of  all  the  privileges,  rights,  and  immunities  of  the  citi 
zens  of  the  United  States." 

Under  these  treaties  with  France  and  Spain,  the  free  and  flour 
ishing  States  of  Louisiana,  Missouri,  Arkansas,  Iowa,  and  Florida, 
have  been  admitted  into  the  Union;  and  no  complaint  has  ever 
been  made  by  the  original  or  other  inhabitants  that  their  civil  or 
religious  rights  have  not  been  amply  protected.  The  property  be 
longing  to  the  different  churches  in  the  United  States  is  held  as 
sacred  by  our  constitution  and  laws  as  the  property  of  individuals; 
and  every  individual  enjoys  the  inalienable  right  of  worshipping 
his  God  according  to  the  dictates  of  his  own  conscience.  The 


69  [  60  } 

Catholic  church  in  this  country  would  not,  if  they  could,  change 
their  position  in  this  particular. 

After  the  successful  experience  of  nearly  half  a  century,  the 
Senate  did  not  deem  it  advisable  to  adopt  any  new  form  for  the 
ninth  article  of  the  treaty;  and  surely  the  Mexican  government 
ought  to  be  content  with  an  article  similar  to  those  which  have 
proved  satisfactory  to  the  governments  of  France  and  Spain,  and 
to  all  the  inhabitants  of  Louisiana  and  Florida,  both  of  which  were 
Catholic  provinces. 

I  ought,  perhaps,  here  to  note  a  modification  in  the  ninth  article, 
as  adopted  by  the  Senate,  of  the  analagous  articles  of  the  Louisiana 
and  Florida  treaties.  Under  this  modification,  the  inhabitants  of 
the  ceded  territories  are  to  be  admitted  into  the  Union  "  at  the 
proper  time,  (to  be  judged  of  by  the  Congress  of  the  United 
States,")  &c. 

Congress,  under  all  circumstances  and  under  all  treaties,  are  the 
sole  judges  of  this  proper  time;  because  they,  and  they  alone,  un 
der  the  federal  constitution,  have  power  to  admit  new  States  into 
the  Union.  That  they  will  always  exercise  this  power  as  soon  as 
the  condition  of  the  inhabitants  of  any  acquired  territory  may 
render- it  proper,  cannot  be  doubted.  By  this  means  the  federal 
treasury  can  alone  be  relieved  from  the  expense  of  supporting  ter 
ritorial  governments.  Besides,  Congress  will  never  lend  a  deaf 
ear  to  a  people  anxious  to  enjoy  the  privilege  of  self-government. 
Their  application  to  become  a  State  or  States  of  the  Union  will  be 
granted  the  moment  this  can  be  done  with  safety. 

The  third  amendment  of  the  Senate  strikes  from  the  treaty  the 
tenth  article. 

It  is  truly  unaccountable  how  this  article  should  have  found  a 
place  in  the  treaty^  That  portion  of  it,  in  regard  to  lands  in  Tex 
as,  did  not  receive  a  single  vote  in  the  Senate.  If  it  were  adopted 
it  would  be  a  mere  nullity  on  the  face  of  the  treaty,  and  the  judges 
of  ©ur  courts  would  be  compelled  to  disregard  it.  It  is  our  glory 
that  no  human  power  exists  in  this  country  which  can  deprive  one 
individual  of  his  property,  without  his  consent,  and  transfer  it  to 
another.  If  grantees  of  lands  in  Texas,  under  the  Mexican  gov 
ernment,  possess  valid  titles,  they  can  maintain  their  claims  before 
our  courts  of  justice.  If  they  have  forfeited  their  grants  by  not 
complying  with  the  conditions  on  which  they  were  made,  it  is  be 
yond  the  power  of  this  government,  in  any  mode  of  action,  to  ren 
der  these  titles  valid,  eHher  against  Texas  or  'any  individual  pro 
prietor.  To  resuscitate  such  grants,  and  to  allow  the  grantees  the 
same  period  after  the  exchange  of  the  ratifications  of  this  treaty, 
to  which  they  were  originally  entitled,  for  the  purpose  of  perform 
ing  the  conditions  on  which  these  grants  had  been  made,  even  if 
this  could  be  accomplished  by  the  power  of  the  government  of  the 
United  States,  would  work  manifold  injustice. 

These  Mexican  grants,  it  is  understood,  cover  nearly  the  whole 
sea  coast  and  a  large  portion  of  the  interior  of  Texas.  They  em 
brace  thriving  villages  and  a  great  number  of  cultivated  farms,  the 
proprietors  of  which  have  acquired  them  honestly  by  purchase  from 


[  60  ]  70 

the  State  of  Texas.  These  proprietors  are  now  dwelling  in  peace 
and  security.  To  revive  dead  titles,  and  suffer  the  inhabitants  of 
Texas  to  be  ejected  under  them,  from  their  possessions,  would  be 
an  act  of  flagrant  injustice,  if  not  wanton  cruelty.  Fortunately 
this  government  possesses  no  power  to  adopt  such  a  proceeding. 

The  same  observations  equally  apply  to  such  grantees  in  New 
Mexico  and  Upper  California. 

i  The  present  treaty  provides  amply  and  specifically  in  its  8th  and 
9th  articles  for  the  security  of  property  of  every  kind  belonging  to 
Mexicans,  whether  held  under  Mexican  grants  or  otherwise,  in  the 
acquired  territory.  The  property  of  foreigners,  under  our  consti 
tution  and  laws,  will  be  equally  secure  without  any  treaty  stipula 
tion.  The  tenth  article  could  have  no  effect  upon  such  grantees  as 
had  forfeited  their  claims,  but  that  of  involving  them  in  endless 
litigation,  under  the  vain  hope  that  a  treaty  might  cure  the  defects 
in  their  titles  against  honest  purchasers  and  owners  of  the  soil. 

And  here  it  may  be  worthy  of  observation, that  if  no  stipulations 
whatever  were  contained  in  the  treaty  to  secure  to  the  Mexican  in 
habitants,  and  all  others,  protection  in  the  free  enjoyment  of  their 
liberty,  property,  and  the  religion  which  they  profess,  these  would 
be  amply  guarantied  by  the  constitution  and  laws  of  the  United 
States.  These  invaluable  blessings,  under  our  forms  of  government, 
do  not  result  from  treaty  stipulations,  but  from  the  very  nature  and 
character  of  our  institutions. 

The  fourth  amendment  of  the  Senate  is,  to  strike  from  the  llth 
article  the  following  words:  unor  to  provide  such  Indians  with  fire 
arms  or  ammunition,  by  sale  or  otherwise."  This  amendment  was 
adopted  on  a  principle  of  humanity.  These  Indians  must  live  by 
the  chase;  and  without  firearms  they  cannot  secure  the  means  of 
subsistence.  Indeed,  for  the  want  of  such  arms  the  extremity  of 
hunger  and  suffering  might  drive  them  to  commit  the  very  depre 
dations  which  the  treaty  seeks  to  avoid,  and  to  make  incursions  for 
food  either  upon  the  Mexican  or  American  settlements.  This  gov- 
e^nment  possesses  both  the  ability  and  the  will  to  restrain  the  In 
dians  within  the  extended  limits  of  the  United  States  from  making 
incursions  into  the  Mexican  territories,  as  well  as  to  execute  all 
the  other  stipulations  of  the  llth  article.  We  believe,  however, 
that  whilst  to  deprive  them  of  firearms  and  ammunition  would  be 
cruel,  it  might,  at  the  same  time,  have  a  tendency  to  increase  rather 
than  to  diminish  their  disposition  to  make  hostile  incursions. 

The  fifth  amendment  of  the  Senate  to  the  12th  article  adopts  the 
second  mode  of  payment  of  the  remaining  $12,000,000,  after  the 
payment  of  the  first  $3,000,000,  in  exclusion  of  the  first  mode 
pointed  out  by  the  treaty.  The  amended  article,  as  it  stands,  is  as 
follows: 

"ARTICLE  XII. 

"  In  consideration  of  the  extension  acquired  by  the  boundaries  of 
the  United  States,  as  defined  in  the  5th  article  of  the  present  treaty, 
the  government  of  the  United  States  engages  to  pay  to  that  of  the 
Mexican  republic  the  sum  of  fifteen  millions  of  dollars.  Immedi- 


71  [  60  ] 

ately  after  this  treaty  shall  have  been  duly  ratified  by  the  govern 
ment  of  the  Mexican  republic,  the  sum  of  three  millions  of  dollars 
shall  be  paid  to  the  said  government,  by  that  of  the  United  States, 
at  the  city  of  Mexico,  in  the  gold  or  silver  coin  of  Mexico.  The 
remaining  twelve  millions  of  dollars  shall  be  paid  at  the  same  place, 
and  in  the  same  coin,  in  annual  instalments  of  three  millions  of  dol 
lars  each,  together  with  interest  on  the  same  at  the  rate  of  six  per 
centum  per  annum.  This  interest  shall  begin  to  run  upon  the 
whole  sum  of  twelve  millions  from  the  day  of  the  ratification  of 
the  present  treaty  by  the  Mexican  government;  and  the  first  of 
these  instalments  shall  be  paid  at  the  expiration  of  one  year  from 
the  same  day.  Together  with  each  annual  instalment,  as  it  falls 
due,  the  whole  interest  accruing  on  such  instalment  from  the  be 
ginning  shall  also  be  paid." 

It  is  not  apprehended  that  the  Mexican  government  will  hare 
any  difficulty  in  agreeing  to  this  amendment.  It  is  true,  that  in 
case  they  should  find  it  convenient  to  anticipate  the  receipt  of  the 
whole  or  any  part  of  the  $12,000,000,  they  might  do  this  more  rea 
dily  were  a  stock  to  be  created,  and  transferable  certificates  issued 
for  small  and  convenient  sums;  but  yet  no  doubt  is  entertained  that 
capitalists  may  be  found  who  will  be  willing  to  advance  any  amount 
that  might  be  desired, upon  the  faith  of  a  treaty  obligation  solemnly 
entered  into  by  the  government  of  the  United  States. 

The  sixth  amendment  of  the  Senate  is  to  insert  in  the  twenty- 
third  article,  after  the  word  u  Washington,"  the  words,  "or  at  the 
seat  of  government  of  Mexico."  The  object  of  this  amendment  is 
to  hasten  the  final  conclusion  of  peace  between  the  two  republics. 
Under  it,  should  the  President  and  Congress  of  Mexico  agree  to 
the  treaty  as  it  has  been  amended  by  the  Senate  of  the  United 
States,  the  ratifications  may  be  immediately  thereafter  exchanged 
atQueretaro,  and  the  happy  consummation  be  at  once  accomplished. 

Th.i  seventh  and  last  amendment  of  the  Senate  is  to  strike  out  the 
additional  article.  This  was  done  from  the  conviction  that  the  pe 
riod  of  four  months  from  the  date  of  the  treaty — the  time  allowed 
by  the  23d  article  for  the  exchange  of  ratifications — would  be  abund 
antly  sufficient  for  this  purpose;  and  this  more  especially  as  the 
ratifications  may  now,  under  the  amendment  of  the  Senate,  be  ex 
changed  in  Mexico.  Besides,  the  idea  of  postponing  the  final  con 
clusion  of  peace  and  keeping  the  present  treaty  pending  between 
the  two  governments  until  the  2d  October  next,  eould  not  be  enter 
tained  by  the  Senate. 

The  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
has  appointed  the  Hon.  Ambrose  H.  Sevier,  of  the  State  of  Arkan 
sas,  and  the  Hon.  Nathan  Clifford,  of  the  State  of  Maine,  commis 
sioners  to  Mexico,  with  the  rank  of  envoy  extraordinary  and  min 
ister  plenipotentiary.  Mr.  Sevier  has  for  many  years  been  a  distin 
guished  Senator  of  the  United  States,  and  for  a  considerable  period 
has  occupied  the  highly  responsible  station  of  chairman  of  the  com 
mittee  on  foreign  relations;  and  Mr.  Clifford  is  an  eminent  citizen 
of  the  State  of  Maine,  is  Attorney  General  of  the  United  States, 
and  a  member  of  the  President's  cabinet.  They  will  bear  with 


[  60  ]  72 

them  to  Mexico  a  copy  of  the  treaty,  with  the  amendments  of  the 
Senate  duly  ratified  by  the  President  of  the  United  States,  and  have 
been  invested  either  jointly  or  severally  with  full  powers  to  ex 
change  ratifications  with  the  proper  Mexican  authorities.  That  this 
final  act  may  be  speedily  accomplished,  and  that  the  result  may  be 
a  sincere  and  lasting  peace  and  friendship  between  the  two  repub 
lics,  is  the  ardent  desire  of  the  President  and  people  of  the  United 
States. 

I  avail  myself  of  this  occasion  to  offer  to  your  excellency  the 
assurance  of  my  most  distinguished  consideration. 

JAMES  BUCHANAN, 
To  his  excellency  the  MINISTER  OF  FOREIGN  RELATIONS 

of  the  Mexican  republic. 

P.  S.  I  regret  to  inform  your  excellency  that  Mr.  Sevier  has  been 
seized  with  a  sudden  illness,  which  renders  him  unable  to  depart 
immediately  upon  his  mission.  The  two  commissioners,  however, 
have  been  invested  with  full  and  equal  powers  to  execute  their  in 
structions  severally,  as  well  as  jointly,  arid  the  acts  of  the  one  will 
be  of  equal  validity  with  the  acts  of  both.  No  delay  can,  therefore, 
be  experienced  on  this  account.  It  is  expected  that  Mr.  Sevier  will 
be  able  to  leave  for  Mexico  in  a  week  or  ten  days. 


Messrs.  Sevier  and  Clifford  to  Mr.  Buchanan. 

CITY  OF  QUERETARO, 
May  25,  1848—9  o'c/ocA:,  p.  m. 

SIR:  We  have  the  satisfaction  to  inform  you  that  we  reached 
this  city  this  afternoon  at  about  5  o'clock,  and  that  the  treaty,  as 
amended  by  the  Senate  of  the  United  States,  passed  the  Mexican 
senate  about  the  hour  of  our  arrival,  by  a  vote  of  33  to  5.  It 
having  previously  passed  the  house  of  deputies,  nothing  now  re 
mains  but  to  exchange  the  ratifications  of  the  treaty. 

At  about  four  leagues  from  this  city,  we  were  met  by  a  Mexican 
escort  under  the  command  of  Colonel  Herrera,  and  were  escorted  to  a 
house  prepared  by  the  government  for  our  reception.  The  min 
ister  of  foreign  relations,  and  the  governor  of  the  city  called  upon 
us,  and  accompanied  us  to  dinner,  which  they  had  previously  or 
dered.  So  far  as  the  government  is  concerned,  every  facility  and 
honor  have  been  offered  us;  and  Senor  Rosa,  the  minister  of  for 
eign  relations,  desires  us  to  state,  that  he  feels  great  satisfaction 
in  meeting  the  ministers  of  peace  from  the  United  States. 

We  will  write  you  again  shortly,  and  more  at  length,  as  the 
courier  is  on  the  point  of  departure.  The  city  appears  to  be  in  a 
great  state  of  exultation;  fire  works  going  off,  and  bands  of  music 
parading  in  every  direction. 

We  have  the  honor  to  be  your  obedient  servants, 

A.  H.  SEVIER, 
NATHAN  CLIFFORD. 

To  the  Hon.  JAMES  BUCHANAN, 

Secretary  of  State. 


73  [  60  ] 

Messrs.  Sevier  and  Clifford  to  Mr.  Buchanan. 

[No.  11.]  CITY  OF  QUERETARO,  May  30  1848. 

SIR:  In  our  last,  we  had  the  honor  to  inform  you  of  our  arrival 
in  this  city  on  the  25th  instant.  On  the  /following  day,  at  12 
o'clock,  meridian,  in  pursuance  of  a  previous  arrangement,  Mr. 
Clifford  was  presented  to  the  president  of  the  republic,  by  Mr. 
Rosa3  the  secretary  of  foreign  relations,  in  presence  of  the  cabinet 
and  a  large  number  of  the  military  and  civil  officers  of  the  govern 
ment,  and  placed  our  credentials  in  tie  hands  of  his  excellency. 
Mr.  Sevier  was  prevented,  by  indisposition,  from  being  present  on 
the  occasion.  We  enclose  a  copy  of  our  address  to  the  president, 
and  also  a  copy  of  his  reply.  Several  conferences  afterwards  took 
place  between  Messrs.  Rosa,  Cuevas  and  Couto  and  ourselves, 
which  it  is  not  thought  necessary  to  recapitulate,  as  we  enclose  a 
copy  of  the  protocol,  which  contains  the  substance  of  the  conver 
sations.  We  have  now  the  satisfaction  to  announce  that  the  ex 
change  of  ratifications  was  effected  to-day.  Some  delay  occurred 
after  the  conferences,  in  the  preparation  of  the  Mexican  copy  of 
the  treaty.  That  was  finally  accomplished,  within  the  last  hour, 
when  the  exchange  of  ratifications  was  duly  made  by  Mr.  Rosa,  in 
behalf  of  the  Mexican  government,  and  ourselves,  on  the  part  of 
the  United  States. 

Having  accomplished  our  duties  here,  we  shall  return  immedi 
ately  to  the  city  of  Mexico,  for  the  purpose  of  paying  over  the 
three  millions,  according  to  the  stipulations  of  the  treaty.  It  is 
expected  that  the  Mexican  government  will  appoint  a  commissioner 
to  repair  to  the  city,  in  company  with  us,  to  receive  the  payment. 
No  circumstances  are  foreseen  by  us  to  render  it  necessary  to  use 
the  papers  furnished  by  the  Treasury  Department,  in  regard  to  the 
remaining  twelve  millions. 

In  one  of  the  conferences,  Mr.  Rosa  urged,  with  much  force,  the 
dangers  of  disorder  in  the  city  of  Mexico,  in  case  our  army  should 
retire  before  the  Mexican  authorities  had  taken  the  necessary  pre 
cautions.  He  also  expressed  some  fear  that  their  authorities  might 
be  interfered  -with  by  our  army,  should  they  find  it  necessary  to 
arrest  and  try  certain  individuals  who,  it  is  said,  are  plotting  the 
overthrow  of  the  government;  and,  to  quiet  these  apprehensions  as 
far  as  possible,  we  addressed  a  communication  to  General  Butler, 
of  which  the  enclosed  is  a  copy.  We  also  transmit  a  copy  of  a 
letter  received  from  Commodore  Jones,  with  the  enclosures,  and  a 
copy  of  our  reply.  Also  a  copy  of  a  letter  from  General  Butler 
to  us,  with  the  enclosures,  and  a  copy  of  our  communication  to 
Colonel  Mason,  in  compliance  with  General  Butler's  request.  Also 
a  copy  of  our  despatch  to  Commodore  Perry. 

We  have  the  honor  to  remain,  sir,  with  great  respect,  your  obe 
dient  servants, 

A.  H.  SEVIER, 
NATHAN  CLIFFORD. 

To  the  Hon.  JAMES  BUCHANAN, 

Secretary  of  State. 
5 


[60]  74 

P.  S. — At  the  suggestion  of  the  Mexican  government,  we  have 
written  t©  General  Wool  a  despatch,  of  which  we  also  enclose  a 
copy. 


Mr.  Clifford  to  Mr.  Buchanan. 

[No.  13.]  CITY  OF  MEXICO,  June  12,  1848. 

SIR:  At  6  ©'clock  this  morning,  the  flag  of  the  United  States  was 
taken  down  from  the  national  palace  in  this  city  and  that  of  the 
Mexican  republic  was  hoisted.  The  customary  honors  were  paid  to 
both,  and  the  ceremony  passed  off  in  perfect  quiet,  although  the 
great  square  was  thronged.  The  last  division  of  the  army  then 
evacuated  the  place,  General  Butler  and  Mr.  Sevier  accompanying 
it.  The  latter  will  proceed  with  all  despatch  to  Washington  with 
the  treaty  and  exchange  of  ratifications.  The  receipt  for  the  three 
millions  he  does  not  take  with  him,  as  the  government  here  insisted 
upon  counting  the  money — an  operation  which  will  consume  much 
more  time  than  it  was  advisable  for  him  to  wait.  All  arrange 
ments,  however,  have  been  made  in  regard  to  the  payment,  and 
when  the  receipt  is  given  to  me,  it  shall  be  immediately  and  safely 
forwarded.  Apprehensions  were  entertained  that  the  departure  of 
our  forces  would  be  the  signal  of  tumult,  but  the  energetic  meas 
ures  adopted  by  the  authorities  have  kept  everything  tranquil;  and 
there  is  no  probability  of  order  being  disturbed.  If  the  govern 
ment  perseveres  in  a  course  of  activity  and  firmness,  we  may  hope 
for  its  success  in  putting  the  affairs  of  the  country  upon  a  footing 
of  permanence.  The  most  patriotic  spirit  has  been  manifested  by 
all  the  better  classes  of  society  in  forming  a  national  guard,  for  the 
preservation  of  public  peace;  and  the  resident  foreigners,  also,  by 
invitation  of  the  government,  have  associated  themselves  for  the 
same  purpose. 

The  President  and  his  cabinet  are  now  at  Mixcoac,  a  small  vil 
lage  about  two  leagues  distant,  where  they  arrived  on  the  9th. 
They  will  enter  the  city  to-morrow,  not  being  able  to  do  so  to-day 
on  account  of  repairs  to  be  made  in  the  palace. 

Senor  Otero,  a  distinguished  senator,  is  Minister  of  Foreign  Re 
lations;  Senor  Riva  Palacios,  Minister  of  Finance;  General  Arista, 
Minister  of  War;  and  Senor  Jimenes,  a  deputv.  Minister  of  Justice. 

Enclosed  is  a  copy  of  a  communication  just  received  from  Gen 
eral  Wool. 

I  have  the  honor  to  remain,  sir,  your  obedient  servant, 

NATHAN  CLIFFORD. 

Hon.  JAMES  BUCHANAN, 

Secretary  of  State. 


Photomouni 

Pamphlet 

Binder 

Gaylord  Bros.,  Inc. 

Makers 
Stockton,  Calif. 

PAT.  IAN.  21.  1908 


OF  GUADALUPE  HIDALGO 
-stadt  -  I960) 


OF   GT' 

IA  " 


